John.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.John ... Petitioner Vs.

1.The District Collector, Tiruchirapalli District, Collectorate Building, Tiruchirapalli-620 001. 2.The Tahsildar, Lalgudi Taluk, Trichirappalli District.

3.The Revenue Divisional Officer, Lalgudi Zone, Trichirappali District.

4.The Taluk Surveyor, Lalgudi Taluk, Tiruchirappalli District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to conduct appropriate enquiry upon petitioner's application for issuance of separate patta in his favour by effecting subdivision after conducting survey measurement of the petitioner's property measuring an extent of 1488 Sq ft situated in Survey No.139/12 of Keezhaperungavur Village, Lalgudi Taluk of Trichirappalli District, within the time stipulated by this Court.

For Petitioner : Mr.K.S.Kathiravan For Respondents : Mr.D.Sasikumar Additional Government Pleader

O R D E R

*********** This writ petitioner has been filed for a Mandamus seeking for a direction to the respondents to pass final orders on the petitioner's application dated 10.08.2021 seeking for sub-division of his property measuring an extent of 1488 Sq ft situated in Survey No.139/12 of Keezhaperungavur Village, Lalgudi Taluk of Trichirappalli District, within a time frame to be fixed by this Court.

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2.The petitioner claims that subsequent to the sub-division, he is the absolute owner of the aforementioned property. However, the said sub-division has not been recorded in the revenue records. In such circumstances, he has submitted an application on 10.08.2021 seeking for sub-division and issuance of separate patta in his name in the aforementioned property. The petitioner has also filed documents in support of his claim that he is the owner of the aforementioned property. It is for the respondents to consider the same on merits and in accordance with law and thereafter decide as to whether the petitioner is entitled for sub-division or not. 3.No prejudice would be caused to the respondents if the petitioner's representation is considered on merits and in accordance with law after affording a fair hearing to the petitioner.

4.For the foregoing reasons, this Court directs the second respondent to pass final orders on the petitioner's representation dated 10.08.2021, seeking for sub-division of his land measuring an extent of 1488 Sq.ft situated in Survey No.139/12 of Keezhaperungavur Village, Lalgudi Taluk of Trichirappalli District and issue a separate sub-division patta in his name within a period of three [3] months from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner and other necessary parties whom the second respondent deems fit to enquire. 5.With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (AD II) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To 1.The District Collector, Tiruchirapalli District, Collectorate Building, Tiruchirapalli-620 001. 2.The Tahsildar, Lalgudi Taluk, Trichirappalli District.

3.The Revenue Divisional Officer, Lalgudi Zone, Trichirappali District.

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4.The Taluk Surveyor, Lalgudi Taluk, Tiruchirappalli District.

+1 CC to M/s.K.S.KATHIRAVAN,Advocate ( SR-20936[F] dated 25/04/2022 ) +1 CC to M/s.SPL.GP ( SR-20886[F] dated 25/04/2022 ) 22.04.2022 MGJ(05.05.2022) 3P 7C 3/3