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Madras High CourtWP(MD)/11685/2025disposed of

P.Soundirapandian v. The District Collector

2025-04-24Honourable Mr Justice P.B. Balaji6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI P.Soundirapandian : Petitioner Vs.

1.The District Collector, Thoothukudi, Thoothukudi District.

2.The District Revenue Officer, Thoothukudi, Thoothukudi District.

3.The Revenue Divisional Officer, Tiruchendur, Thoothukudi District.

4.The Tahsildar, Tiruchendur Taluk, Thoothukudi District.

5.The Taluk Surveyor, Tiruchendur Taluk, Thoothukudi District.

: Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 4 and 5 to take necessary steps to demarcate and subdivide land situated in Natham New Survey No.148/41A1 Patta No.732 as per the Registered Sale Deed in Doc.No.608/1981 dated 24.04.1981 and Registered Sale Deed in Doc.No.748/1981 dated 24.04.1981 on the file of the Sub-Registrar, Kayalpattinam situated in Mela Aathur Village, Tiruchendur Taluk, Thoothukudi District and issue separte patta in the petitioner name based on the petitioner's application dated 24.09.2024 and representation dated 20.01.2025. For Petitioner : Mr.K.Karansingh For Respondents : Mrs.S.Jeyapriya, Government Advocate

O R D E R

The petitioner seeks issuance of a Writ of Mandamus to direct the respondents 4 and 5 to demarcate and sub-divide the petitioner's patta property and also issue separate patta based on the petitioner's application dated 24.09.2024 and representation dated 20.01.2025.

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2.Learned Government Advocate, on instructions submits that survey was conducted and difference in the extent was found and therefore, the petitioner's request for separate patta was rejected on 20.11.2024. She would also forward the note regarding the said rejection which has been put up in the website. 3.In fine, the said rejection of the petitioner's application dated 24.09.2024 has not been communicated along with reasons for said rejection order. Hence, the said rejection order cannot be put against the petitioner.

4.For the above reasons, the fourth respondent shall conduct fresh enquiry and based on the enquiry already conducted, the petitioner may be called upon to address the deficiencies and anomalies in the application, after been given a fair opportunity to comply with the defects, if any and thereafter, the fourth respondent shall pass a considered order and dispose of the petitioner's application dated 24.09.2024, within a period of twelve [12] weeks from the date of receipt of a copy of this order. 3/6

5.Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs.

24.04.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 4/6

To 1.The District Collector, Thoothukudi, Thoothukudi District.

2.The District Revenue Officer, Thoothukudi, Thoothukudi District.

3.The Revenue Divisional Officer, Tiruchendur, Thoothukudi District.

4.The Tahsildar, Tiruchendur Taluk, Thoothukudi District.

5.The Taluk Surveyor, Tiruchendur Taluk, Thoothukudi District.

5/6

P.B.BALAJI.

, J.

MR 24.04.2025 6/6