S. Ramesh v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI S.Ramesh ... Petitioner Vs.

1.The District Collector, District Collector Office, Kokkirakulam, Tirunelveli District - 627 009.

2.The District Revenue Officer, District Revenue Office, Kokkirakulam, Tirunelveli District - 627 009.

3.The Revenue Divisional Officer, Revenue Divisional Office, Kokkirakulam, Tirunelveli District - 627 009.

4.The Tahsildar, Palayamkottai Taluk Office, Palayamkottai Tirunelveli District - 627 009.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Fourth Respondent to provide the separate patta on the basis of the petitioner's representation, dated 02.09.2024. 1/5

For Petitioner : Mr.B.Charmurugan for M/s.Char Murugan Law Associates For Respondents : Mr.M.Lingadurai Special Government Pleader

O R D E R

The petitioner seeks issuance of writ of mandamus to direct the petitioner's application for separate patta, dated 02.09.2024 to be considered.

2. The petitioner, based on inclusion of his father's name in joint patta no. 566, has sought for issuance of separate patta by making application an application on 02.09.2024. The petitioner only seeks for disposal of the said application.

3. However, the learned Special Government Pleader would submit that the separate patta can be considered only after effecting subdivision.

4. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents.

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5. On going through the documents filed in support of the typedset of papers, I find that the patta is sought for in respect of a plot, which has been purchased by the writ petitioner's father has now come to the hands of the writ petitioner. The schedule of property in sale deed pertains to plot no.34, which is bounded by four definite boundaries. Therefore, there can be no impediment for the officials to effect subdivision and thereafter issue separate patta in the name of the petitioner.

6. In view of the above, this writ petition is disposed of directing the 4th respondent to carry out the exercise of subdivision and thereafter, issue separate patta to the petitioner, on merits and in accordance with law based on the petitioner's application within a period of twelve (12) weeks from the date of receipt of copy of this order.

7. With the above directions, this Writ Petition stands disposed of. No costs.

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To:

1.The District Collector, District Collector Office, Kokkirakulam, Tirunelveli District - 627 009.

2.The District Revenue Officer, District Revenue Office, Kokkirakulam, Tirunelveli District - 627 009.

3.The Revenue Divisional Officer, Revenue Divisional Office, Kokkirakulam, Tirunelveli District - 627 009.

4.The Tahsildar, Palayamkottai Taluk Office, Palayamkottai Tirunelveli District - 627 009.

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P.B.BALAJI , J.

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