Ganesh Shanmugham S v. The District Collector
W.P.(MD).No.6506 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2022
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.(MD).No.6506 of 2022 Ganesh Shanmugham ... Petitioner Vs.
1.The District Collector, Madurai District, Madurai.
2.The Tahsildar, Madurai North Taluk, Madurai 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 second respondent to effect subdivision of property of the petitioner admeasuring 2199 square feet comprised in S.No.63/20A, Paravai 2nd Bit, Madurai North Taluk, Madurai District as per the sale deed of the petitioner dated 07.02.2007 and issue separate patta as per the petitioner's online application dated 24.11.2021. For Petitioner : Mr.S.Madhavan For Respondents : Mr.D.Sasikumar, Additional Government Pleader.
ORDER
This Writ Petition has been filed for a Mandamus seeking for a direction to the second respondent to effect subdivision of the property measuring 2199 square feet comprised in Survey No.63/20A, Paravai 2nd Bit, Madurai North Taluk, Madurai District and issue subdivision patta in favour of the petitioner as per the sale deed dated 07.02.2007 based on the petitioner's online application dated 24.11.2021 within a time frame to be fixed by this Court.
2. The petitioner claims that he is the absolute owner of the aforementioned property having purchased the same under a sale deed dated 07.02.2007. He seeks for a subdivision patta in his name for the said property. He has submitted an online application on 24.11.2021 with the respondents. Since the said application has not been considered till date, he has filed this Writ Petition. https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD).No.6506 of 2022
3. Heard Mr.S.Madhavan, learned counsel for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents.
4. No prejudice would be caused to the respondents, if the petitioner's online application seeking for subdivision patta is considered on merits and in accordance with law, after affording a fair hearing to the petitioner including granting him the right of personal hearing. The petitioner has filed documents along with this Writ Petition including sale deeds. It is for the respondents to consider the same on merits and in accordance with law.
5. For the foregoing reasons, this Court directs the second respondent to consider the petitioner's online application dated 24.11.2021 seeking for issuance of subdivision patta in his name for the property measuring 2199 square feet comprised in Survey No.63/20A, Paravai 2nd Bit, Madurai North Taluk, Madurai District as per the sale deed dated 07.02.2007 and pass final orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order.
6. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm To 1.The District Collector, Madurai District, Madurai.
2.The Tahsildar, Madurai North Taluk, Madurai District.
+1 CC to M/s.SPL.GP ( SR-17938[F] dated 11/04/2022 ) W.P.(MD).No.6506 of 2022 08.04.2022 SB(CO) GC(20.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2