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Madras High CourtWP(MD)/12188/2020disposed of

Dhanapackiam v. The District Collector

2020-09-21Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :21.09.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Dhanapackiam ... Petitioner Vs.

1.The District Collector, Dindigul, Dindigul District.

2.The District Revenue Officer, Collectorate Campus, Dindigul, Dindigul District - 624 004.

3.The Revenue Divisional Officer, Sub Collector's Office Road, Dindigul, Dindigul District - 624 001.

4.The Tahsildar, Dindigul West Taluk, Dindigul, Dindigul District - 624 001.

5.The Inspector of Survey, (Maintenance and Survey Operational) Dindigul West Taluk, Dindigul, Dindigul District.

6.Devi

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 4 and 5 herein to consider and take appropriate action on the representation of the petitioner dated 16.06.2020 along with the on line application for sub division patta transfer dated 04.06.2020 sent for the purpose of issuance of separate patta after making proper survey and demarcation in respect of the petitioner's house site property to an extent of 2400 sq.ft in Ayan Survey No.607/2, present sub divided survey No.607/10A out of total larger extent of 2 Acre and 70 cents in which northern portion of an extent of 1 acre and 25 cents bearing the plot NO.14 forming part of original joint patta No.4441, the present sub division patta No.4147 situated at Chettinaickenpatty Village, Dindigul West Taluk, Dindigul District. For Petitioner : Mr.A.Saravanan For Respondents : Mr.A.Karthik, (R1 to R5) Government Advocate.

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ORDER

This writ petition is filed seeking for direction to direct the respondents 4 and 5 herein to consider and take appropriate action on the representation of the petitioner dated 16.06.2020 along with the on line application for sub division patta transfer dated 04.06.2020 sent for the purpose of issuance of separate patta after making proper survey and demarcation in respect of the petitioner's house site property to an extent of 2400 sq.ft in Ayan Survey No.607/2, present sub divided survey No.607/10A out of total larger extent of 2 Acre and 70 cents in which northern portion of an extent of 1 acre and 25 cents bearing the plot NO.14 forming part of original joint patta No.4441, the present sub division patta No.4147 situated at Chettinaickenpatty Village, Dindigul West Taluk, Dindigul District.

2.The learned counsel appearing for the petitioner would submit that the petitioner made applications to the respondent on 04.06.2020 and 16.06.2020 for issuance of separate patta, after making proper survey in the petition mentioned survey number. But so far, no action has been taken. Hence the petitioner filed this present writ petition.

4. On instructions, the learned Government Advocate appearing for the respondents 1 to 5 submitted that on receipt of petitioner's application, the respondent informed the petitioner to appear for enquiry with relevant documents. But there is no response from the petitioner. He would further submit that if the petitioner shall submit a fresh application before the concerned authority, the same would be considered.

5. Considering the facts and circumstances of the case, this Court directs the petitioner to make fresh application before the authority concerned. If any such application is filed, the concerned authority shall consider the same and pass appropriate orders on merits and in accordance with law.

6.This Writ Petition is disposed of, with the above direction. No costs.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS ) das 2/3

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, Dindigul, Dindigul District.

2.The District Revenue Officer, Collectorate Campus, Dindigul, Dindigul District - 624 004.

3.The Revenue Divisional Officer, Sub Collector's Office Road, Dindigul, Dindigul District - 624 001.

4.The Tahsildar, Dindigul West Taluk, Dindigul, Dindigul District - 624 001.

5.The Inspector of Survey, (Maintenance and Survey Operational) Dindigul West Taluk, Dindigul, Dindigul District.

+1 CC to SGP ( SR-17721[F] dated 22/09/2020 ) +1 CC to M/s.A. SARAVANAN, Advocate ( SR-17607[F] dated 21/09/2020 ) 21.09.2020 NR (05.10.2020) 3P 8C 3/3