Thirumalai v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Thirumalai

...Petitioner

Vs.

1.The District Collector Kallakurichi District.

2.The Tahsildar Ulundurpet Taluk Kallakurichi District.

3.The Surveyor Ulundurpet, Kallakurichi.

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus directing the respondents to consider the application for subdivision patta submitted by the petitioner in Application No.2024/0105/33/512898 dated 03.10.2024 pertaining to Survey No.85/1C1B1A1 A.Kumaramangalam, Ulundurpet, Kallakurichi District. For Petitioner : Ms.R.Poornima For Respondents : Mr.A.Selvendran Additional Government Pleader [R1 to R3] 1/5

ORDER

Seeking a mandamus to the respondents to consider his online application No.2024/0105/33/512898 dated 03.10.2024 to issue subdivision patta for the subject property, the petitioner is before this Court.

2. The case of the petitioner is that the property in Survey No.No.85/1C1B1A1 at A.Kumaramangalam, Ulundurpet, Kallakurichi District originally belonged to his grandfather and subsequent to the family settlement, he had acquired 4 1/2 cents of property vide settlement deed dated 29.06.2016. The petitioner and his co-sharers had put up a construction in their respective shares and have been in enjoyment of the same. The petitioner now submitted a online application on 03.10.2024 for subdivision patta and paid necessary charges. Despite making an online application on 03.10.2024, the respondents have not considered the same to date. Hence, the petitioner is before this Court.

3. Heard the learned counsels for the petitioner and the learned Special Government Pleader for the respondents. 2/5

4. Considering the facts and circumstances of the case, a mandamus is issued to the respondents to consider the online application of the petitioner dated 03.10.2024. The petitioner shall submit all relevant records to show his title to the property and the respondent after issuing notice to the adjacent land owners and interested parties, shall hold an enquiry and thereafter, proceed to pass orders. In case of rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of six (6) weeks from the date of receipt of a copy of this order.

5. With the above directions, this writ petition is allowed. No costs. 29.01.2025 Index : Yes/No Internet : Yes/No ds 3/5

To:

1.The District Collector Kallakurichi District.

2.The Tahsildar Ulundurpet Taluk Kallakurichi District.

3.The Surveyor Ulundurpet, Kallakurichi.

4/5

P.T. ASHA, J, ds W.P.No. 2776 of 2025 29.01.2025 5/5