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Madras High CourtWP/30816/2022disposed of

A.Ramayee v. The District Collector

2022-11-21Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21.11.2022 Coram The Honourable Mr.Justice M.DHANDAPANI A.Ramayee

...Petitioner

Versus

1.The District Collector, Erode District, Erode - 11.

2.The District Revenue Officer, Erode District, Erode - 11.

3.The Revenue Divisional Officer, Erode Division, Erode - 01.

4.The Revenue Tahsildar, Kodumudi Taluk, Kodumudi - 638 151, Erode District.

5.The Revenue Inspector, Kodumudi Firka, Kodumudi Taluk, Erode District - 638 151.

6.The Village Administrative Officer, Kodumudi B. Village, Kodumudi Taluk - 638 151. 7.The Taluk Surveyor, Kodumudi Taluk, O/o.Kodumudi Taluk Office, Erode - 638 151.

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8.The Inspector of Police, Kodumudi Police Station, Kodumudi - 638 151.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to survey the petitioner's land, subdivision and survey the petitioner's land as per the Document No.1198/2021, Kodumudi "B" Village, Kodumudi Taluk, Erode District and issue separate Patta to the petitioner as per the petitioner's purchased sale deed.

For Petitioner :

Mr.K.Karthikeyan For Respondents :

Mr.U.Bharanidharan, Additional Government Pleader

O R D E R

Mr.U.Bharanidharan, learned Additional Government Pleader takes notice for the respondents. With the consent of both sides, this writ petition is taken up for final disposal at the stage of admission itself.

2. The relief sought in this writ petition is to direct the respondents to survey and subdivide the petitioner's land as per Document No.1198/2021, Kodumudi "B" Village, Kodumudi Taluk, Erode District and issue separate Patta to the petitioner as per the purchased Sale Deed. 2/6

3. The case of the petitioner is that she has purchased the lands in Survey Nos.568/7H - Punjai Acre 0.16 Cents, 568/7I - Punjai Acre 1.19 Cents, 568/7I - Punjai Acre 1.35 Cents, 568/7I - Punjai Acre 0.56 2/3 Cents, 107/1 - Punjai Hectare 1.24.5, 107/2 - Punjai Hectare 1.44.5, 108/2 - Punjai Hectare 0.04.5, 111/1 - Punjai Hectare 1.30.5, 111/2 - Punjai Hectare 0.22.0, 111/3 - Punjai Hectare 0.26.0, 111/4 - Punjai Hectare 0.11.5, 111/5 - Punjai Hectare 0.13.5, 109/12 - Punjai Hectare 0.05.5, 109/13 - Punjai Hectare 0.50.5 situated at Kodumudi "B" Village, Kodumudi Taluk, Erode District from one Hemalatha vide Sale Deed dated 02.08.2021 which was registered as Document No.1198 of 2021 on the file of Sub Registrar Office, Kodumudi. She has also paid all necessary charges for transferring the Patta in her name.

The Revenue Records in respect of the lands which were purchased by the petitioner in aforesaid survey numbers reflects the name of all previous owners and the petitioner's name was also included as a owner in the Common Patta. Therefore, the petitioner requested the respondents to survey her lands and subdivide the same and issue separate Patta as per the Sale Deed Document No.1198 of 2021 dated 02.08.2021, for which, she has paid necessary charges to the respondents.

31.10.2022, to the respondents vide RPAD, however, till date, the respondents have not considered her request and passed orders on her representation. Hence, the aggrieved petitioner has filed the present writ petition before this Court for the reliefs stated supra.

4. Heard the learned counsel on both sides and perused the materials placed before this Court.

5. Considering the limited relief sought by the petitioner in this writ petition, this Court without going into the merits of the case, directs the respondents to consider the petitioner's representation dated 31.10.2022 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner.

6. With the above directions, this writ petition is disposed of. No costs.

21.11.2022 mrr Index : Yes/No 4/6

Copy to 1.The District Collector, Erode District, Erode - 11.

2.The District Revenue Officer, Erode District, Erode - 11.

3.The Revenue Divisional Officer, Erode Division, Erode - 01.

4.The Revenue Tahsildar, Kodumudi Taluk, Kodumudi - 638 151 5.The Revenue Inspector, Kodumudi Firka, Kodumudi Taluk, Erode District - 638 151.

6.The Village Administrative Officer, Kodumudi B. Village, Kodumudi Taluk - 638 151.

7.The Taluk Surveyor, Kodumudi Taluk, O/o.Kodumudi Taluk Office, Erode - 638 151.

8.The Inspector of Police, Kodumudi Police Station, Kodumudi - 638 151.

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M.DHANDAPANI, J.

mrr 21.11.2022 6/6