S.Janaki, W/O.Raju, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.13127 of 2019 S.Janaki

...Petitioner

-Vs1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildhar, Dindigul East, Dindigul District, Dindigul.

...Respondents

Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the 2nd respondent to sub divide the property and to issue patta in the petitioner's name with the submitted documents by the petitioner on 31.12.2018 through on line with all property details and fix a time frame by this Court.

For Petitioner : Mr.R.Ramasamy For Respondents : Mr.P.Kannidevan, A.G.P.

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the 2nd respondent to sub divide the property and to issue patta in the petitioner's name.

2.Heard Mr.R.Ramasamy, learned counsel appearing for the petitioner and Mr.P.Kannidevan, learned Additional Government Pleader appearing for the respondents.

3.The petitioner, in order to subdivide the property in S.No.279/4A2 situated at Balakrishna Village, Dindigul District and to issue patta in the name of the petitioner, had submitted application with relevant documents on 10.12.2008 and subsequently, since no response come from the respondents for long years, on 31.12.2018, the petitioner sent an application through online and a receipt to that effect has been given by the respondents on the same day itself. However, despite the application having been made by the petitioner for subdividing and issuing patta to the subject land, there has been no action from the respondents. Therefore, the petitioner is before this Court.

https://hcservices.ecourts.gov.in/hcservices/

4.I have heard the learned Additional Government Pleader, who would submit that, the said application submitted through online on 31.12.2018 would be considered by the respondents, especially, the 2nd respondent. However, for the said consideration, some relevant documents are required to be produced by the petitioner and on receipt of the same, that would be considered and an order to that effect would be passed in accordance with law. 5.Considering the limited scope of the writ petition, this Court is inclined to dispose of the writ petition with the following direction:

"The 2nd respondent is hereby directed to consider the application of the petitioner submitted on 10.12.2008 and subsequently by online application dated 31.12.2018 in respect of the sub division and issuance of patta of the petitioner's land at S.No.279/4A2 and pass orders on merits and in accordance with law. If the 2nd respondent requires any further documents apart from the documents claimed to have been submitted by the petitioner, the same can be intimated to the petitioner and on receipt of such intimation from the 2nd respondent, the petitioner shall produce those documents and thereafter, the 2nd respondent, based on the documents produced by the petitioner, decide the issue and pass final orders as indicated above, within a period of eight weeks from such compliance."

6.With this observation and direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) / True Copy / Sub Assistant Registrar(CS- ) Arul To 1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildhar, Dindigul East, Dindigul District, Dindigul.

Order made in W.P.(MD)No.13127 of 2019 Dated: 12.06.2019 ES/19.06.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/