Squirrel Home Designs v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 04.01.2024
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.114 of 2024 Squirrel Home Designs, Rep. By its Proprietor, J.Krishna Vijayan.
...Petitioner
/Vs./ 1.The District Collector, Karur District, Karur.
2.The Revenue Divisional Officer, Karur District, Karur.
3.The Tahsildar, Manmangalam Taluk Office, Karur District.
...Respondents
Prayer: Writ Petition - filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to issue a separate patta to the petitioner in respect of S.No.251/6 situated in Karuppampalayam Village, Manmangalam Taluk, Karur District, on the basis of the registered sale deed No.4112 of 2019, dated 17.05.2019 and Sale deed No.632 of 2021, dated 29.01.2021 and pass final orders on merits and in accordance with law within a reasonable time as may be fixed by this Court. 1/6
For Petitioner : Mr.N.Marimuthu For Respondents : Mr.D.Gandhiraj (R1 to R3) Special Government Pleader
ORDER
This writ petition has been filed for issuance of writ of mandamus directing the respondents herein to issue a separate patta to the petitioner in respect of S.No.251/6 situated in Karuppampalayam Village, Manmangalam Taluk, Karur District, on the basis of the registered sale deed No.4112 of 2019, dated 17.05.2019 and Sale deed No.632 of 2021, dated 29.01.2021.
2. According to the petitioner, he is the absolute owner of the property in S.No.251/6 situated in Karuppampalayam Village, Manmangalam Taluk, Karur District, having purchased the same through sale deed in Doc.No.4112 of 2019, dated 17.05.2019 and sale deed in Doc.No.632 of 2021, dated 29.01.2021 from one Thangavel and Muthusamy. He had obtained joint patta in Patta No.1106. The revenue records also mutated in his name and he is in exclusive possession and enjoyment of the aforesaid property till date. The petitioner submitted applications to the respondents herein for issuance of separate patta on 2/6
22.03.2022 and 29.11.2022 as per the registered sale deeds. The petitioner has also furnished relevant documents and he has also paid necessary fees for the same.
3. The learned counsel appearing for the petitioner submits that as per G.O.Ms.No.210, dated 08.07.2011, applications regarding survey, subdivision and grant of a separate patta shall be considered within a period of thirty days from the date of such application made. But, till date, no response has been received from the respondents. As the petitioner wants to obtain business loan for establishing his business. Unless and until he has been given separate patta, he will not be in a position to obtain any loan from the bank. Hence, the petitioner filed this writ petition with the aforesaid prayer.
4. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader.
5. Considering the above facts and circumstances of the case, this Court directs the respondents to consider the applications of the petitioner dated 22.03.2022 and 29.11.2022 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt 3/6
of a copy of this order. It is made clear that the respondents shall conduct enquiry, if necessary.
6. With the above directions, this writ petition is disposed of. No costs. 04.01.2024 NCC : Yes/No Index : Yes/No Internet:Yes/No 4/6
TO:- 1.The District Collector, Karur District, Karur.
2.The Revenue Divisional Officer, Karur District, Karur.
3.The Tahsildar, Manmangalam Taluk Office, Karur District.
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V.BHAVANI SUBBAROYAN, J.
sm Order made in W.P(MD)No.114 of 2024 Dated:
04.01.2024 6/6