K.Nandhini v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 29.11.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA K.Nandhini
...Petitioner
Vs.
1. The District Collector, Tiruppathur District, Tiruppathur.
2. The Tahsildar, Tiruppathur District, Tiruppathur.
3. The Firka Surveyor, Koratti Firka, Tiruppathur Taluk, Tiruppathur District.
...Respondents
Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus directing the respondents 2 and 3 to consider the applications of the petitioner (Sub Division patta Transfer vide can No.133360720248701 dated 30.5.2023-application No.2024/0105/36/353409 dated 11.6.2024 and survey the lands covered by Sale Deed dated 19.1.2022 and Patta Nos.574 and 576 at Vishamangalam village in S.No.208/1E 202/5 and 208/1F and issue 1/5
separate patta in the name of the petitioner within a limited time frame. For Petitioner :
Mr. V.Thirupathi For Respondents :
Mr.P.Sathish Additional Government Pleader.
O R D E R
The writ petition has been filed for a mandamus to direct the respondents 2 and 3 to consider the application of the petitioner dated 11.06.2024, survey the lands covered by the Sale Deed dated 19.01.2022 and Patta Nos.574 and 576 at Vishamangalam Village in S.No.208/1E, 202/5 and 208/1F and issue a separate patta in the name of the petitioner.
2. The petitioner would submit that he is the owner of the above mentioned property having purchased the same under a registered Sale Deed dated 19.01.2022. The petitioner would submit that joint patta Nos.574 and 576 had been granted in the names of Chinnathambi, Gowri Ammal and Sankar though the lands had been purchased by the petitioner on 19.01.2022. Therefore, the petitioner had submitted a 2/5
representation on 22.09.2023, with reminders on 21.11.2023 and 13.12.2023 to the District Collector, Tirupattur seeking to conduct survey, subdivide and issue a separate patta in his favour. These applications have not been considered till date including the latest representation dated 11.06.2024. Therefore, the petitioner is before this Court.
3. Heard the learned counsels on either side and perused the materials available on record.
4. From the above said narration, it is seen that the authority namely, the 2nd respondent, who is the statutory authority constituted under the Registration Act, has failed to discharge the duty cast upon him. The petitioner has submitted a representation as early as on 22.09.2023 and though nearly a year and 3 months have passed, no steps have been taken to date. Therefore, a mandamus is issued to the respondents 2 and 3 to consider the application of the petitioner and pass orders on merits and in accordance with law, after affording him 3/5
an opportunity to submit his documents, within a period of 6 weeks from the date of receipt of a copy of this order. No costs. 29.11.2024 Index : Yes/No Internet : Yes/No srn To
1. The District Collector, Tiruppathur District, Tiruppathur.
2. The Tahsildar, Tiruppathur District, Tiruppathur.
3. The Firka Surveyor, Koratti Firka, Tiruppathur Taluk, Tiruppathur District.
4/5
P.T. ASHA, J, srn W.P.No. 35514 of 2024 29.11.2024 5/5