Loganathan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 36096 of 2024 Loganathan

...Petitioner

Vs.

1.The District Collector Kallakurichi District.

2.The Tasildhar Ulundurpet Taluk, Kallakurichi District.

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, directing the respondents to sub divide and issue patta in the name of the petitioner with respect to survey number 149/6G2 measuring an extent of 14 1/2 cents at Pu.Mambakkam Village, Ulundurpet, Kallakurichi based on the application No.2024/ N105/ 33/ 001601 dated 24.06.2024.

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For Petitioner :

Ms. R.Poornima For Respondents :

Mr. A.Selvendran Special Government Pleader.

O R D E R

The above Writ Petition has been filed seeking mandamus to the respondents to sub divide and issue patta in the name of the petitioner with respect to Survey Number 149/6G2 measuring an extent of 14 1⁄2 cents at Pu. Mambakkam Village, Ulundurpet, Kallakurichi, based on the application No.2024/ N105/ 33/ 001601 dated 24.06.2024.

2. It is the case of the petitioner that he is the absolute owner and in possession of the property by way of a settlement deed dated 21.10.2021, executed by his father. Thereafter, the petitioner approached the revenue authorities seeking mutation of revenue records. The petitioner was shocked to find that a joint patta was issued in favour of his father and three others. 2/6

3. The petitioner would submit that he is unable to develop the property on account of the joint patta. Hence, the petitioner made an application on 24.06.2024 to the the respondents seeking survey and subdivision of the subject property. Since there was no response, the petitioner has filed this Writ Petition.

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

5. Considering the facts and circumstances of the case, the respondents are directed to conduct survey of the subject property. The petitioner shall submit all the relevant records to show his title to the property and the respondents shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, proceed to pass orders either surveying and subdividing the property or rejecting the request. In the case of a rejection, a speaking order shall be passed. The said exercise shall be completed within a period of 6 3/6

weeks from the date of receipt of a copy of this order.

6. The Writ Petition is allowed. No costs.

27.11.2024 Index : Yes/No Internet : Yes/No kan 4/6

To 1.The District Collector Kallakurichi District.

2.The Tasildhar Ulundurpet Taluk, Kallakurichi District.

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P.T. ASHA, J, kan W.P.No. 36096 of 2024 27.11.2024 6/6