Anbu R v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.26179 of 2024 R. Anbu ...Petitioner Vs.

1. The District Collector, Salem District.

2. The Revenue Divisional Officer, Salem District.

3. The Tahsildar, Sankari Taluk, Salem District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for records in proceedings by the third respondent in rejecting the petitioner's application number:2024/0105/08/490995 dated 11.06.2024 and quash the same as illegal, unjust and further direct the respondents to sub-divide and patta transfer the property at survey number 573/2C, 575/1A, 579/6A, 683/1E and 683/1K measuring an extend of 0.85.00 Ares, 0.99.16 Ares, 3 Acer 34.50 Ares, 0.75.00 Ares and 0.17.00 Ares respectively situated at Devanakavundanur 1/6

Village, Sankari Taluk, Salem District as per the Judgment and Decree in O.S.No.113 of 2020 registered under document No.2015/2021 dated 15.07.2021, within the period that may be stipulated by this Court. For Petitioner : M/s. R.Poornima For Respondents : Mr.P.Sathish Additional Government Pleader

O R D E R

The writ petition has been filed challenging the order passed by the third respondent rejecting the petitioner's application bearing No.2024/0105/08/190995 dated 11.06.2024 on the ground that the court case was pending regarding to the subject property.

2. According to the petitioner, he applied for sub-division and issuance of patta in respect of the property situated in Survey No. 573/2C, 575/1A, 579/6A, 683/1E and 683/1K measuring an extent of 0.85.00 Ares, 0.99.16 Ares, 3 Acer 34.50 Ares, 0.75.00 Ares and 0.17.00 Ares respectively situated at Devanakavundanur Village, Sankari Taluk, Salem District. As per the entry found in on-line portal of the respondents was that the application submitted by the petitioner was rejected on the ground that the Court case was pending. 2/6

The said on-line communication was challenged before this Court by way of this writ petition.

3. On 10.09.2024, when the writ petition came up for hearing, the learned Additional Government Pleader who took notice for the respondents, was directed to find out, whether any detailed order was passed in rejecting the application of the petitioner.

4. Today, when the writ petition is taken up for hearing, the learned Additional Government Pleader, on written instructions, submitted that the earlier application of the petitioner was rejected on the ground that there was an obstruction by a third party at the time of survey of the property. Thereafter, the petitioner filed a fresh application seeking issuance of separate patta. Pursuant to the same, action was already taken, sub division was made and issuance of separate patta in the name of the petitioner will be done on "first in first out " basis.

5. The written instructions dated ...09.2024 (signed on 24.9.2024) submitted by the third respondent is scanned below:- 3/6

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6. The statement made by the learned Additional Government Pleader is recorded. The third respondent is directed to issue patta to the petitioner within a period of four weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs. 25.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av To

1. The District Collector, Salem District.

2. The Revenue Divisional Officer, Salem District.

3. The Tahsildar, Sankari Taluk, Salem District.

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S. SOUNTHAR, J.

av W.P No.26179 of 2024 25.09.2024 (3/4) 6/6