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Madras High CourtWP/36829/2024allowed

P.Ranganayaki v. The District Collector

2024-12-11Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA P.Ranganayaki ... Petitioner Vs.

1.The District Collector Ranipet District, Ranipet.

2.The Revenue Divisional Officer, Ranipet District, Ranipet.

3.The Tahsildar Walajapet Taluk, Ranipet District.

4.The Executive Engineer And Administrative Officer, Vellore Housing Unit, Tamil Nadu Housing Board, Vellore.

5.The Commissioner Walajapet Municipality, Walajapet, Ranipet District.

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondents to consider the petitioners representation dated 04.04.2024, 08.04.2024, 03.05.2024 and 22.05.2024 and thereby direct the respondents to sub divide 1/5

the property and issue separate patta into the petitioners name in respect of the property situated in sanctioned plan of Walajapet NH Scheme Plot No.C.25, T.S.No.15 part, ward No.2, Block 1, Walajapet town to an extent of 2969 sq.ft (275.85 sq.mt) within stipulated period of time. For Petitioner : M/s.B.Gopalakrishnan For Respondents : M/s.G.Velu, AGP for R.1 to R.3 & R.5.

O R D E R

The petitioner, who purchased the property comprised in Plot No.C.25, T.S.No.15 part, Ward No.2, Block 1, Walajapet Town measuring an extent of 2969 sq.ft (275.85 sq.mt) by way of a registered sale deed dated 11.08.2022, registered as Doc.No.4880 of 2022, on the file of the Sub-Registrar, Walajapet, made several representations on 04.04.2024, 08.04.2024, 03.05.2024 and 22.05.2024 to the respondents to subdivide the subject property and issue a separate patta to her. However, the said representations have not been considered to date. Therefore, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned AGP accepting notice for the respondent 1 to 3 and 5. 2/5

3. Considering the limited nature of the prayer sought, the writ petition is allowed and a Mandamus is issued to the 3rd respondent to consider the representations of the petitioner dated 04.04.2024, 08.04.2024, 03.05.2024 and 22.05.2024 for subdividing the said property and issue a separate patta. The petitioner shall submit all the relevant records to show her title to the said property and the 3rd respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, pass orders either subdividing the property 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 8 weeks from the date of receipt of a copy of this order. No costs. 11.12.2024 (shr) Index : Yes/No Speaking Order: Yes/No To 3/5

1.The District Collector Ranipet District, Ranipet.

2.The Revenue Divisional Officer, Ranipet District, Ranipet.

3.The Tahsildar Walajapet Taluk, Ranipet District.

4.The Executive Engineer And Administrative Officer, Vellore Housing Unit, Tamil Nadu Housing Board, Vellore.

5.The Commissioner Walajapet Municipality, Walajapet, Ranipet District.

P.T. ASHA . J., (shr) 4/5

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