Kutralingam v. The Dist.Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Kutralingam ... Petitioner Vs.
1.The District Collector, Tenkasi District.
2.The Tahsildar, Kadayanallur Taluk, Tenkasi District.
3.The Taluk Surveyor, Kadaiyanallur Taluk, Tenkasi District.
... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to survey and subdivided the property in S.No.105/8 per and old S.No.104/34 New S.No.513/34 and issue separate patta based on his representation dated 23.11.2020. For Petitioner : Mr.P.Senthoor Pandi For Respondents : Mr.R.Suresh Kumar Government Advocate
ORDER
This writ petition has been filed for the issue of Writ of Mandamus directing the second and third respondents to consider the representation made by the petitioner, on 23.11.2020, wherein, the petitioner has sought for the survey and subdivision of subject property and for issuance of patta in his name. 2.The case of the petitioner is that he became the owner of the subject property by virtue of a registered sale deed, dated 01.10.2020. The petitioner submitted an online application to the second respondent, seeking for survey, subdivision and issuance of separate patta in the name of the petitioner. Since the same was 1/3
not considered, the petitioner sent a representation, dated 23.11.2020 and the same also did not evoke any response. Aggrieved by the same, the present writ petition has been filed before this Court, seeking for appropriate directions. 3.Heard Mr.P.Senthoor Pandi, learned counsel appearing for the petitioner and Mr.R.Suresh Kumar, learned Government Advocate appearing for the respondents.
4.Taking into consideration the facts and circumstances of this case and limited relief sought for in this writ petition, there shall be a direction to the second and third respondents to consider the online application made by the petitioner, on 01.10.2020 and deal with the same on its own merits and in accordance with law and take a decision within a period of of eight weeks from the date of receipt of a copy of this order. If there are any other interested parties, the second and third respondents shall issue notice to them before taking a decision. 5.The petitioner is directed to make a fresh representation to the second and third respondents along with all relevant documents and also a copy of this order.
6.This writ petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) TM NOTE:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. 2/3
To 1.The District Collector, Tenkasi District.
2.The Tahsildar, Kadayanallur Taluk, Tenkasi District.
3.The Taluk Surveyor, Kadaiyanallur Taluk, Tenkasi District.
+1 CC to SPL GP ( SR-20166[F] dated 24/06/2021 ) Order made in 23.06.2021 KM(01.07.2021) 3P 5C 3/3