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Madras High CourtWP(MD)/8100/2022disposed of

Mohankumar.S v. The Thasildhar

2022-04-26Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD).No.8100 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.(MD).No.8100 of 2022 S.Mohan Kumar

...Petitioner

Vs.

The Tahsildar, Srirangam Taluk, Trichy District.

...Respondent

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to process the petitioner's online application for sub-division patta transfer vide Can.No.1331507561611 and Application No.2021/0105/15/158012 dated 11.10.2021 and the corresponding E-Challan vide Challan No.20220202005357 dated 02.02.2022 for a paid sum of Rs.1600/- and pass appropriate orders in accordance with law within a time stipulated by this Court. For Petitioner : Mr.D.Senthil for Mr.N.Anandakumar For Respondent : Mr.M.Lingadurai, Special Government Pleader.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondent to process the petitioner's online application dated 11.10.2021 seeking for issuance of a sub-division patta in his name for the subject property within a time frame to be fixed by this Court.

2. The petitioner claims that he is the owner of the lands comprised in Survey Nos.275/3, 275/7B2, 275/6 and 275/10 at Ammankudi, Anthanallur Village, Trichy District. The petitioner has filed documents along with the Writ Petition to substantiate his claim that he is the absolute owner of the aforementioned property. It is for the respondent to consider the same on merits and in accordance with law and thereafter, decide as to whether sub-division patta can be issued in favour of the petitioner or not.

3. No prejudice would be caused to the respondent, if the petitioner's online application dated 11.10.2021 seeking for issuance of sub-division patta in his name is considered on merits and in accordance with law after affording a fair hearing to the petitioner and other necessary parties, whom the respondent deems https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.8100 of 2022 fit to enquire.

4. For the foregoing reasons, this Court directs the respondent to consider the petitioner's online application dated 11.10.2021, seeking for issuance of sub-division patta in his name in respect of the property comprised in Survey Nos.275/3, 275/7B2, 275/6 and 275/10 at Ammankudi, Anthanallur Village, Trichy District and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and any other necessary party, whom the respondent deems fit to enquire, including granting them the right of personal hearing, within a period of three (3) months from the date of receipt of a copy of this order. The petitioner shall produce all the relevant documents/records before the respondent to substantiate his case.

5. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm To The Tahsildar, Srirangam Taluk, Trichy District.

+1 CC to M/s.SPL.GP ( SR-22365[F] dated 28/04/2022 ) W.P.(MD).No.8100 of 2022 26.04.2022 SRK(CO) KB(16.05.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2