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Madras High CourtWP/35639/2024allowed

Dhakshinamurthi v. The Tahsildar

2024-12-02Honourable Ms. Justice P.T. Asha4 pages

In the High Court of Judicature at Madras Dated : 02.12.2024 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.35639 of 2024 Dakshinamurthi

...Petitioner

Vs 1.The Tahsildar, Melmalaiyanur Taluk, Villupuram District.

2.The Land Surveyor, Melmalaiyanur Taluk, Villupuram District.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent to issue a sub-divisional patta in respect of the land in survey No.187/13C in doc.No.749 of 2009 situated at Melmalaiyanur Taluk, Ayyil Village, Avalurpettai, Villupuram District, by passing orders on the petitioner's representation dated 20.12.2023. For Petitioner :

Mr.Edwin Jeyakumar For Respondents :

Mr.R.P.Murugan Raja, GA

ORDER

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Seeking a Mandamus to the first respondent to consider his representation dated 20.12.2023 to issue a sub-divisional patta in respect of the property in survey No.187/13C in doc.No.749 of 2009 situated at Melmalaiyanur Taluk, Ayyil Village, Avalurpettai, Villupuram District, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned Government Advocate accepting notice for the respondents.

3. The petitioner purchased the subject property measuring 6,540 sq.ft. under a sale deed dated 29.6.2009 registered as doc.No. 749 of 2009 on the file of the Sub-Registrar, Avalurpettai. After purchase, he made an online application on 03.7.2023 to the first respondent for the transfer of patta after surveying the lands by metes and bounds and fixing the boundary stones. The petitioner had also sent a representation dated 20.12.2023 to the District Collector, Villupuram and it was forwarded to the first respondent vide communication dated 03.1.2024. However, the request of the petitioner has not yielded any results. Once again, vide communication dated 20.3.2024, the District Collector, Villupuram directed the first respondent to take further action on the petitioner's request. Even this communication did not evoke any response. 2/4

Hence, the petitioner is before this Court.

4. The petitioner seeks a sub-divisional patta in respect of the subject property on account of the fact that he purchased the same. An online application was made on 03.7.2023 with the requisite charges. A representation dated 20.12.2023 was sent to the District Collector, Villupuram, which has not been acted upon. It is more than a year since the online application has been made for the issuance of a sub-divisional patta and it has been put into cold storage by the first respondent.

5. In the light of the above, the writ petition is allowed and a Mandamus is issued to the first respondent to consider the online application dated 03.7.2023 and the representation dated 20.12.2023 for the issue of a sub-divisional patta and pass appropriate orders either subdividing the subject property and issuing the patta or rejecting the request. In the case of rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of 6 weeks from the date of receipt of a copy of this order. No costs. 02.12.2024 RS 3/4

P.T.ASHA,J RS To 1.The Tahsildar, Melmalaiyanur Taluk, Villupuram District.

2.The Land Surveyor, Melmalaiyanur Taluk, Villupuram District.

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