Dasan.Ctk v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 33687 of 2024 Dasan. CTK

...Petitioner

Vs.

1.The Tahsildar Kundrathur Taluk Office, Kundrathur.

2.The Sub Registrar Kundrathur Sub- Registrar Office, Kundrathur.

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus directing the first respondent to issue patta in the 1/7

petitioners name vide payment Ref no.

S01lANDVV202307206837608 pertaining to the petitioner share of property being half undivided share of land measuring 292 1⁄2 sq. ft. situated at Old No.2/8 Mangadu Main Road, comprised in Grama Natham Survey No.18/10 of Mouliwakkam Village, Sriperumbudur Taluk, Kancheepuram District.

For Petitioner :

Mr. R.Sreedhar For Respondents :

Mr. A.Selvendran Special Government Pleader.

O R D E R

The petitioner had purchased an undivided 50% share in two itemised properties under a registered sale deed dated 21.07.2023 on the file of the Sub Registrar, Kundrathur, from one P.K.Raveendran. At the time of registering, a sum of Rs.1,600/- was collected towards subdivision charges. Though the sale deed has been registered on 21.07.2023 and the amounts for subdivision collected on the very 2/7

same day, the respondents have not taken any steps whatsoever to survey and subdivide the property. Therefore, the petitioner is before this Court.

2. Heard the learned counsels on the either side and perused the records.

3. The records would show that the Sub Registrar while registering the sale deed had collected a sum of Rs.1,600/- towards subdivision charges, but has however not done anything in furtherance of the same.

4. Therefore, mandamus is issued directing the respondents to survey and subdivide the lands without demanding separate charges as the same has already been paid to the Sub Registrar, Kundrathur, at the time of registration. While conducting survey, in case of objection from adjacent land owners and other persons interested in the land, 3/7

the same shall be considered and the survey / subdivision undertaken. In case, the objection are upheld and the survey / subdivision does not taken place, a speaking order shall be passed by the authority concerned. The said exercise shall be completed within a period of 8 weeks from the date of receipt of a copy of this order.

5. With the above directions, the Writ Petition is allowed. No costs.

18.11.2024 Index : Yes/No Internet : Yes/No kan 4/7

To 1.The Tahsildar Kundrathur Taluk Office, Kundrathur.

2.The Sub Registrar Kundrathur Sub- Registrar Office, Kundrathur.

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P.T. ASHA, J, kan W.P.No. 33687 of 2024 6/7

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