Madras High CourtWP/29631/2023disposed of

M.Vadivel v. The District Collector

2023-10-12Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN M.Vadivel ... Petitioner versus 1.The District Collector, Office of Collectorate, Dharmapuri District, Dharmapuri.

2.The Thasildar, Karimangalam Taluk, Karimangalam, Dharmapuri District.

.....Respondents Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the second respondent to sub-dived the Survey No.339/2A2 to an extent of 1075 sq.ft out of total extent of 6.80 acre, situated at Old Ward No.8, New Ward No.11, Karimangalam Village and Taluk, Dharmapuri District and transfer the Patta in the name of the petitioner based on the petitioner's application dated 13.12.2022. Pg.Nos.1/5

For Petitioner : Mr.M.Selvam For Respondents : Mr.P.Gurunathan Additional Government Pleader

O R D E R

The petitioner seeks for a mandamus directing the second respondent to sub-dived the Survey No.339/2A2 to an extent of 1075 sq.ft out of total extent of 6.80 acre, situated at Old Ward No.8, New Ward No.11, Karimangalam Village and Taluk, Dharmapuri District and to transfer the Patta in the name of the petitioner based on his application dated 13.12.2022.

2. The learned counsel for the petitioner submitted that though the petitioner has submitted an on-line application as early as on 13.12.2022 to the second respondent for sub-division and transfer of patta in his name with respect to the subject property, the second respondent has not considered the same yet. Hence, the petitioner is before this Court.

3. Mr.P.Gurunathan, learned Additional Government Pleader takes notice for the respondents submitted that the second respondent may Pg.Nos.2/5

be directed to consider the petitioner's application dated 13.12.2022 and decide the matter on merits and in accordance with law.

4. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, the second respondent is directed to consider the on-line application of the petitioner dated 13.12.2022 and pass orders on merits and in accordance with law, after giving notice to all the interested parties, rival claimants and/or adjacent owners, within a period of three months from the date of receipt of a copy of this order.

5.With these observations, the Writ Petition is disposed of. There shall be no order as to costs.

12.10.2023 Speaking/Non-speaking order Index : Yes/No : Yes/No ms Pg.Nos.3/5

To 1.The District Collector, Office of Collectorate, Dharmapuri District, Dharmapuri.

2.The Thasildar, Karimangalam Taluk, Karimangalam, Dharmapuri District.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 12.10.2023 Pg.Nos.5/5