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Madras High CourtWP/38292/2024allowed

V.Srinivasan v. The Tahsildar

2024-12-21Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA V.Srinivasan ... Petitioner Vs.

The Tahsildar Salem Taluk Office, Salem 636 007

...Respondent

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, Directing the Respondent to consider the petitioners on line Application dated 06.09.2024 in Application No. 2024 / 0105 / 08 / 537415 seeking Sub-Division and to issue separate Patta in respect of petitioners land to an extent of 1.101/2 acres in S.F. No 2/2 in Kuralnatham Village, Salem Taluk Salem District on merits within the time Limit Fixed by this Honble Court. For Petitioner : M/s.L.Mouli For Respondents : M/s.G.Velu, AGP for sole respondent

O R D E R

The above Writ Petition has been filed to direct the Respondent to 1/4

consider the petitioner's on line Application dated 06.09.2024 in Application No. 2024 / 0105 / 08 / 537415 seeking Sub-Division and to issue separate Patta in respect of petitioners land to an extent of 1.101/2 acres in S.F. No 2/2 in Kuralnatham Village, Salem Taluk Salem District on merits within the time Limit Fixed.

2. The petitioner, who purchased an agricultural land comprised in S.F.No 2/2 in Kuralnatham Village, Salem Taluk Salem District measuring an extent of 1/10 1/2 acres by way of registered sale deed dated 17.02.2021 registered as Doc.No.1260 of 2021 on the file of the Sub~Registrar Office, Dadagapatti, made an online application on 16.09.2024 to the respondent to subdivide the subject property and issue a separate patta to him. However, the said application has not been inquired into to date. Therefore, the petitioner is before this Court.

3. Heard the learned counsel for the petitioner and the learned AGP accepting notice for the sole respondent.

4. Considering the limited nature of the prayer sought, the writ petition is allowed and a Mandamus is issued to the respondent to 2/4

consider the online application of the petitioner dated 06.09.2024 for subdividing the said property and issue a separate patta. The petitioner shall submit all the relevant records to show his title to the said property and the 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 12 weeks from the date of receipt of a copy of this order. No costs. 21.12.2024 (shr) Index : Yes/No Speaking Order: Yes/No To The Tahsildar Salem Taluk Office, Salem 636 007 P.T. ASHA . J., (shr) 3/4

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