Kamaraj.C v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.2192 of 2021 C.Kamaraj

...Petitioner

/Vs./ 1.The District Collector, Madurai District.

2.The Thasildhar, Madurai South Taluk, Madurai District.

3.The Taluk Surveyor, Madurai South Taluk, Madurai District.

...Respondents

PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 2 and 3 to make subdivision of the petitioner's land, measuring 20 Cents out of 27.06 Ares in S.No.219/7A1A, in Thanakkankulam Village, Madurai South Taluk in Madurai District, as according to the sale deed dated 04.04.1963, within a time to be fixed by this Court.

1/4

For Petitioner : Mr.R.Suriya Narayanan For Respondents : Ms.D.Farjana Ghoushia Special Government Pleader

ORDER

This writ petition has been filed for issuance of writ of mandamus directing the second and third respondents to subdivide the subject property and to issue separate patta in the name of the petitioner for an extent of 20 cents out of 27.06 ares.

2. The case of the petitioner is that his parents had purchased the subject property by virtue of a registered sale deed dated 04.04.1963. Even during the lifetime of his father, a joint patta was issued and the name of the father was also included in patta No.2044. The father of the petitioner died on 17.10.2010 and the mother of the petitioner predeceased the father and thereafter, the petitioner and other legal heirs inherited the property. The petitioner wanted the property to be subdivided and for issuance of separate patta with respect to 20 cents. A representation was made in this regard by the petitioner on 26.12.2020. Since the same was not considered, the present writ petition has been filed before this Court.

2/4

3. The learned Special Government Pleader appearing on behalf of the respondents submitted that the second respondent will take a decision on the representation made by the petitioner in accordance with law.

4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in the writ petition, there shall be a direction to the second respondent to consider the representation made by the petitioner on 26.12.2020 and deal with the same on merits and in accordance with law and take a final decision within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the second respondent along with all the relevant documents and also a copy of this order.

5. This writ petition is disposed with the above directions. No costs. 11.10.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No sm 3/4

N.ANAND VENKATESH, J.

sm TO:- 1.The District Collector, Madurai District.

2.The Thasildhar, Madurai South Taluk, Madurai District.

3.The Taluk Surveyor, Madurai South Taluk, Madurai District.

Order made in W.P.(MD)No.2192 of 2021 Dated:

11.10.2023 4/4