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Madras High CourtWP/39401/2024allowed

Vasanthi v. The District Collector

2025-01-02Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Vasanthi

...Petitioner

Vs 1.The District Collector, Office of Collectorate, Dharmapuri District, Dharmapuri.

2.The Thasildar, Palacode Taluk, Palacode, Dharmapuri District

...Respondents

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing 2nd respondent to sub-divide the Survey Nos.156/3 and 156/4 to an extent of 0.25 Punja Hears in Palacode Village, Palacode Taluk, Dharmapuri District, to issue a separate Patta in the name of the petitioner based on the petitioner application dated 04.11.2024.

For Petitioner : Mr.M.Selvam For Respondents : Mr.A.Selvendran 1/4

Special Government Pleader

ORDER

The present Writ Petition has been filed seeking to sub-divide the Survey Nos.156/3 and 156/4 to an extent of 0.25 Punja Hears in Palacode Village, Palacode Taluk, Dharmapuri District, and to issue a separate Patta in the name of the petitioner based on the petitioner application dated 04.11.2024.

2.The petitioner's contention is that petitioner purchased the property comprised in S.Nos.156/3 and 156/4 to an extent of 0.25 Punja acres, situated at Palacode Village, Palacode Taluk, Dharmapuri District, from one Sevathan through a registered sale deed dated 10.03.2008 vide Document No.643/2008 on the file of SRO, Palacode. Subsequently, the second respondent issued a joint patta in patta No.76 in favour of petitioner and Sevathan. Therefore, petitioner submitted an application dated 04.11.2024 for sub-division and for separate patta in favour of petitioner for the said property vide online application No.2024/0105/05/313583. However, the survey has not been conducted to date. Therefore, the petitioner is before this Court. 2/4

3.Heard the learned counsels on the either side and perused the records. The learned Special Government Pleader takes notice on behalf of respondents.

4.Considering the facts and circumstances of the case, mandamus is issued to the respondents to conduct survey of the petition mentioned property. The petitioner shall submit all the relevant records to show her 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 aforesaid exercise shall be completed within a period of 8 weeks from the date of receipt of a copy of this order. 5.With the above directions, this Writ Petition is allowed. No costs.

02.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep 3/4

P.T.ASHA, J, ep To 1.The District Collector, Office of Collectorate, Dharmapuri District, Dharmapuri.

2.The Thasildar, Palacode Taluk, Palacode, Dharmapuri District .

02.01.2025 4/4