Madras High CourtWP/33617/2023disposed of

G.Palanisamy v. The District Collector

2023-11-30Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN G.Palanisamy ... Petitioner versus 1.The District Collector, Erode District, Erode.

2.The Revenue Divisional Officer, Erode, RDO Office, Erode.

3.The Tahsildar, Erode.

4.The Village Development Officer, Periyasemur Village, Erode.

.....Respondents Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the third respondent to process the Patta Transfer including subdivision application made in Application No.2023/0154/10/000718 dated 16.05.2023 for subdivision from joint patta and issuance of separate patta for the petitioner's land situated in Pg.Nos.1/5

R.S.No.201/1 Part, New S.No.22, Periyasemur Village, Erode Dsitrict as early as possible.

For Petitioner : Mr.P.Dinesh Kumar For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

Mr.Yogesh Kannadasani, learned Special Government Pleader accepts notice for the respondents. With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage, itself.

2. The petitioner herein has given an application to the third respondent on 16.05.2023, seeking for sub-division and Patta transfer in respect of petitioner's land situated in R.S.No.201/1 Part, New S.No.22, Periyasemur Village, Erode District. Since the said application has not been considered till date, the present Writ Petition has been filed.

3. The learned Special Government Pleader appearing for respondents Pg.Nos.2/5

submitted that the third respondent may be directed to consider the petitioner's application and pass orders on merits in accordance with law.

4. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, the third respondent is directed to consider the application of the petitioner dated 16.05.2023 and pass appropriate orders, on merits and in accordance with law, after giving notice to all the interested parties/rival claimants and/or adjacent owners, and after conducting enquiry, within a period of two months from the date of receipt of a copy of this order.

5. With the above directions, this writ petition is disposed of. There shall be no order as to costs.

30.11.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms Pg.Nos.3/5

To 1.The District Collector, Erode District, Erode.

2.The Revenue Divisional Officer, Erode, RDO Office, Erode.

3.The Tahsildar, Erode.

4.The Village Development Officer, Periyasemur Village, Erode.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 30.11.2023 Pg.Nos.5/5