J.Venkatesan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.12.2022 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
1. Mr.J.Venkatesan
2. Mr.J.Balaji ... Petitioners Vs
1. The District Collector, Collectorate, Sathuvachari Vellore, Vellore District.
2. The Thasildar, Office of the Thasildar, Anaikattu, Anaikattu Taluk, Vellore District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 2nd respondent to consider the petitioner's representation for making entry in the Village Revenue Accounts to issue separate patta based on the Partition Deed in Document No.585 of 2018 dated 11.04.2018 on the file of S.R.O. Odugathur, after sub-dividing the Survey Number No.34/125 and dispose of the petitioner's representation dated 08.09.2021. For Petitioners : Mr.S.Arokiamaniraj For Respondent : Mr.V.Veluchamy Additional Government Pleader 1/5
ORDER
The prayer sought for herein is for a writ of mandamus directing the 2nd respondent to consider the petitioner's representation for making entry in the Village Revenue Accounts to issue separate patta based on the Partition Deed in Document No.585 of 2018 dated 11.04.2018 on the file of S.R.O. Odugathur, after sub-dividing the Survey Number No.34/ 125 and dispose of the petitioner's representation dated 08.09.2021.
2. The petitioners were given joint patta in the year 1996 by the Tahsildar concerned in respect of property at Natham Survey No.34/125 at Agraharam Village, Anaikattu Taluk, Vellore District.
3. Thereafter among the petitioners there had been a partition on 11.04.2018 and which was registered in the concerned Sub Registrar Office.
4. Therefore, as per the partition effected between the petitioners, they want separate patta to be given, in this regard they have given an application on 08.09.2021 to the respondent/Tahsildar, however the same since has not been considered so far they have moved the present writ 2/5
petition with the aforestated prayer.
5. Heard Mr.S.Arokiamaniraj, learned counsel appearing for the petitioners and Mr.V.Veluchamy, learned Additional Government Pleader appearing for the respondents.
6. The learned Additional Government Pleader for the respondents would submit that, the said application submitted by the petitioners would be considered and decided on merits and in accordance with law within a time frame that may be stipulated by this Court.
7. Considering the said submission made by the learned Additional Government Pleader for the respondents and also taking into account the innocuous nature of the prayer sought for in this writ petition, this Court is inclined to dispose of this writ petition with the following order: There shall be a direction to the 2nd respondent/ Tahsildar to consider the application of the petitioner dated 08.09.2021 and pass orders thereon on merits and in accordance with law within a period of six weeks from the 3/5
date of receipt of a copy of this order.
8. With this direction, this Writ Petition is disposed of. No costs. 08.12.2022 Index : Yes/No Speaking Order : Yes/No Sgl To
1. The District Collector, Collectorate, Sathuvachari Vellore, Vellore District.
2. The Thasildar, Office of the Thasildar, Anaikattu, Anaikattu Taluk, Vellore District.
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R.SURESH KUMAR, J.
Sgl 08.12.2022 5/5