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Madras High CourtWP/31975/2022disposed of

Palanisamy v. The District Collector

2022-11-30Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2022

CORAM

THE HONOURABLE Mr. JUSTICE M.DHANDAPANI Palanisamy ...

Petitioner Vs

1. The District Collector Collector office, Collectorate, Dharmapuri.

2. The Tahsildar Taluk office, Pennagaram Taluk, ... Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent to measure and sub-divided the property and issue separate patta in the name of petitioner comprised in Survey No.112/5 of an extent of 1.17.36 hectars (2.90 Acres) Punja lands situated at Madhehalli Village, Pennagaram Taluk, For Petitioner : Mr. V.R.Anna Gandhi For Respondents : Mr. U.Bharanidharan, AGP

ORDER

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This writ petition is filed seeking direction the 2nd respondent to measure and sub-divided the property and issue separate patta in the name of petitioner comprised in Survey No.112/5 of an extent of 1.17.36 hectars (2.90 Acres) Punja lands situated at Madhehalli Village, Pennagaram Taluk,

2. The case of the petitioner is that the petitioner purchased the property from one Chandramouleeswaran vide document No.2688/2022 dated 14.07.2022 comprised in S.no.112/5 measuring to an extent of 1.17.36 hectares punja lands situated at Madhehalli Village, Pennagaram Taluk. After purchase of the property, the petitioner is in physical possession and enjoyment of the same. Therefore, the petitioner made an online application on 25.07.2022 to the second respondent for measuring and sub-divided the property and for issuance of separate patta in his favour. However, the respondent has not considered the same so far. Without having no other option, the petitioner has filed the present writ petition before this Court.

3. The learned counsel for the petitioner submitted that this Court 2/5

may issue a suitable direction to the second respondent to consider the petitioner's representation dated 25.07.2022 and pass appropriate orders within the time stipulated by this Court.

4. The learned Government Advocate appearing on behalf of the respondents submitted that the petitioner's representation dated 25.07.2022 will be considered and suitable orders will be passed on merits within the stipulated period as fixed by this Court.

5. Heard both sides and perused the materials available on records.

6. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court, without going into the merits of the case, direct the second respondent to consider the petitioner's representation dated 25.07.2022 and take necessary steps to survey the land 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. 3/5

7. With the aforesaid direction, this Writ Petition stands disposed of. No costs.

30.11.2022 Rli Index:Yes/No Internet:Yes/No Speaking/Non speaking To

1. The District Collector Collector office, Collectorate, Dharmapuri.

2. The Tahsildar Taluk office, Pennagaram Taluk, 4/5

M.DHANDAPANI, J.

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