Madras High CourtWP(MD)/10982/2020disposed of

S. Kandasamy, v. The District Collector,

2020-09-21Honourable Mr Justice D. Krishnakumar2 pages

W.P.(MD)No.10982 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :21.09.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.10982 of 2020 C.Kandasamy

...Petitioner

Vs 1.The District Collector, Trichy District, Trichy.

2.The Assistant Director of Survey & Land Records, Cantonment, Trichy, Trichy District.

3.The Tahsildar, Manachanallur Taluk, Trichy District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to do sub-division and grant individual Patta for the land situated in S.No.103/4 situated in Siruganoor Village, Machanallur Taluk, measuring to an extent of 2400 sq.ft.in plot No.401 and 402 in view of the online application submitted on 04.07.2018 (receipt No.1900425133 followed with treasury chalan dated 11.12.2018 based on my representations dated 19.12.2019 and 19.08.2020. For Petitioner : Mr.K.Gurunathan For Respondents : Mr.V.Anand Government Advocate

ORDER

This Writ Petition is filed to direct the respondents to sub divide the property in S.No.103/4, measuring to a extent of 2400 sq.ft, situated in Siruganoor Village, Machanallur Taluk and to grant separate patta in favour of the petitioner. 2.The grievance of the petitioner is that though he made an application through online on 04.07.2018 to the 3rd respondent with the relief sought for in the prayer, so far no action has been taken. Hence, the present writ petition.

3.In reply, the learned Government Advocate appearing for the respondents would submit that the petitioner's application dated 04.07.2018 would be considered on merits and in accordance with law at an earliest.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.10982 of 2020 4.Having regard to the limited scope of the prayer made by the petitioner and the submissions made on either side, this Court, without expressing any opinion on the merits of the case, is inclined to pass the following directions:- i) the 3rd respondent / the Tahsildar, Manachanallur Taluk, Trichy District, is directed to consider the petitioner's application dated 04.07.2018 for subdivision of the petition mentioned property and for providing separate patta in favour of the petitioner and pass appropriate orders on merits and in accordance with law, after providing opportunities to the petitioner as well as to the interested parties, if any;

ii) the aforesaid exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order; 5.This Writ Petition stands disposed of, with the above directions. No costs.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) mm 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.

To 1.The District Collector, Trichy District,Trichy.

2.The Assistant Director of Survey & Land Records, Cantonment,Trichy,Trichy District.

3.The Tahsildar, Manachanallur Taluk, Trichy District.

+1 CC to M/s.K. GURUNATHAN,Advocate ( SR-17636[F] dated 21/09/2020 ) +1 CC to M/s.GP ( SR-17845[F] dated 23/09/2020 ) W.P.(MD) No.10982 of 2020 21.09.2020 SRK(CO) AP(30/09/2020) 2 P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2