C.Mugunthan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.28337 of 2024 C.Mugunthan

...Petitioner

Vs.

1.The District Collector Salem District Salem.

2.The Tahsildar Mettur Taluk Salem District.

3.The Taluk Surveyor Mettur Taluk Salem District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents particularly the first respondent to order and direct the respondents 2 & 3 to measure the property and demarcate the boundaries of the land comprised in Survey No.258, Patta No.614, an extent of 4.73 acres at Veerakkal Village, Mettur 1/5

Taluk, Salem District and issue separate patta to the petitioner by considering the representation of the petitioner dated 27.08.2024. For Petitioner : Mr.P.Ganesan For Respondents : Mr.S.J.Sathik Mohamed for R1 to R3 Government Advocate

O R D E R

The petitioner herein seeks a direction to the respondents to subdivide his property situated in S.No.258, Veerakkal Village, Mettur Taluk, Salem District, and issue separate patta in his name.

2. According to the petitioner, the land situated in S.No.258, stands in the name of the petitioner and his paternal uncle jointly. The above said property was divided by a registered partition deed dated 27.03.2000 and the property with an extent of 4.73 acres was allotted in favour of the petitioner under 'B' Schedule to the partition deed. Therefore, the petitioner submitted online application on 14.03.2024 seeking subdivision of his property and issuance of separate patta and the same has not been considered. Hence, the petitioner is before this Court.

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3. Mr.S.J.Sathik Mohamed, learned Government Advocate, who takes notice for the respondents 1 to 3 would submit that the online application of the petitioner will be considered, on its own merits, within a time frame fixed by this Court.

4. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the second respondent to consider the online application of the petitioner dated 14.03.2024 and pass final order, on its own merits, within a period of 8 weeks from the date of receipt of copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs.

26.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna 3/5

To 1.The District Collector Salem District Salem.

2.The Tahsildar Mettur Taluk Salem District.

3.The Taluk Surveyor Mettur Taluk Salem District.

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S.SOUNTHAR , J.

dna W.P No.28337 of 2024 26.09.2024 5/5