K.S.Mohanasundaram v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.01.2023 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.34656 of 2022 K.S.Mohanasundaram ....
Petitioner -Vs1.The District Collector Collectorate, Erode District.
2.The Tahsildar Erode Taluk Office Erode District.
....
Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to Survey and Sub-Divide the petitioners agricultural properties situated in Erode Taluk Erode District E Village Re.Survey No. 541/3 4 5 6 measuring to an extent of 351/2 cents in patta No.138 967 1202 2091 and Erode Taluk Thindal Village Re.Survey No. 220/5 6 7 measuring to an Extent of 241/2 cents in patta No. 5 70 based on the Settlement Deed dated 19.08.2011 in Document No. 4867/2011 by considering the petitioner representations dated 13.09.2022 appreciating the above stated facts.
For Petitioner : Mr.Swami Subramanian For Respondent : Mrs.Akila Rajendran Government Advocate 1 / 4
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing the respondents to Survey and Sub-Divide the petitioners agricultural properties situated in Erode Taluk, Erode District, Village Re.Survey No. 541/3 4 5 6 measuring to an extent of 351/2 cents in patta No.138 967 1202 2091 and Erode Taluk Thindal Village Re.Survey No. 220/5 6 7 measuring to an Extent of 24 1⁄2 cents in patta No. 5 70 based on the Settlement Deed dated 19.08.2011 in Document No. 4867/2011 by considering the petitioner representations dated 13.09.2022 appreciating the above stated facts.
2. Insofar as the landed property situated at Re.Survey No. 541/3 4 5 6 measuring to an extent of 351/2 cents in patta No.138, 967, 1202, 2091 and Erode Taluk Thindal Village, Re.Survey No. 220/567 measuring to an extent of 24 1⁄2 cents in patta No. 570, the petitioner has given a representation to the 2nd respondent dated 13.09.2022 to survey and subdivide the land and to issue patta to the land belongs to the petitioner. He has already paid the necessary fee on 21.06.2022. Since the said representation has not been considered so far, the petitioner has moved the present writ petition. 2 / 4
3. Heard the learned counsel for the petitioner and Mrs.Akila Rajendran, learned Government Advocate appearing for the respondents.
4. Learned Government Advocate would submit that the representation as well as the application with regard to the plea of the petitioner to survey and subdivide the land would be considered on merits and in accordance with law within a time frame that may be stipulated by this Court.
5. Having taken note of the said submission, this Court is inclined to dispose of this writ petition with the following order. "That there shall be a direction to the 2nd respondent to consider the application dated 13.09.2022 submitted by the petitioner referred to above and pass orders thereon, on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order."
With the above direction, this writ petition is disposed of. No costs. 02.01.2023 Index : Yes/No Internet : Yes/No KST R. SURESH KUMAR, J.
3 / 4
KST To 1.The District Collector Collectorate, Erode District.
2.The Tahsildar Erode Taluk Office Erode District.
W.P.No. 34656 of 2022 02.01.2023 4 / 4