Emayavaramban v. The Dist. Collector

W.P.(MD).No.7901 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.7901 of 2021 Emayavaramban

...Petitioner

Vs.

1. The District Collector, Theni District, Theni.

2. The Tahsildar, Theni Taluk, Theni.

... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to expedite the proceedings in the petitioner's online application for sub division patta and Name Transfer Application No.2020/0105/25/057700, dated 29.12.2020, on the file of the second respondent in respect of the properties in Survey No.69/8B and 69/8A in Veerapandi Village, Theni Taluk, Theni District, within stipulated time frame fixed by this Court.

For Petitioner : Mr.S.Saravanakumar For Respondents : Mr.S.Angappan Government Advocate

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the second respondent to consider the application submitted by the petitioner through online on 29.12.2020, wherein, the petitioner is seeking for a patta in his name for the portion of the property purchased by him.

2. The case of the petitioner is that the property in survey No.69, originally, measured an extent of 2 Acres and 41 cents. Certain portions of the property were sold and the petitioner also purchased a portion of the property by virtue of a registered sale deed dated 20.05.2011. The petitioner made an application to the respondents seeking for the sub division and for the issuance of patta in the name of the petitioner for the portion of the property purchased by him, after the sub division. Since the application was not considered, the present Writ Petition has been filed before this Court seeking for appropriate directions. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.7901 of 2021

3. Heard Mr.S.Saravanakumar, learned counsel appearing on behalf of the petitioner and Mr.S.Angappan, learned Government Advocate appearing on behalf of the respondents.

4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the second respondent to consider the online application submitted by the petitioner on 29.12.2020 and deal with the same on its own merits and in accordance with law and pass appropriate orders within a period of eight (8) weeks from the date of receipt of a copy of this order. If there are any other interested parties claiming right over the subject property, they shall also be issued with notice and an opportunity shall also be given to them.

5. 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.

6. This Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg To

1. The District Collector, Theni District, Theni.

2. The Tahsildar, Theni Taluk, Theni.

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. Order made in W.P.(MD).No.7901 of 2021 Dated:

16.04.2021 RK (30.04.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2