Andichamy.P v. The District Collector

W.P(MD)No.14115 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2021

CORAM:

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.14115 of 2021 P.Andichamy ... Petitioner versus 1.The District Collector, Office of the District Collector, Dindigul District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional, Dindigul District.

3.The Tahsildar, Natham Taluk, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, directing the third respondent herein to issue the transferred patta in the petitioner name involving sub-division in respect of the petitioner property based on the on-line application sent by the petitioner vide No.2021/0105/13/206289 dated 16.04.2021 within the time stipulated by this Court.

For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.R.Baskaran Counsel for State

O R D E R

The petitioner seeks the issuance of a patta in his name with regard to the sub divided property.

2.The petitioner states that he purchased a property admeasuring 1 Acre 50 cents from the lawful owners under sale deed dated 09.04.2021 bearing Document No.912/2021. Since the patta in respect of such property is a joint patta bearing patta No.3321, the petitioner submitted an application seeking the survey of the property and consequential fixing of the boundaries thereof. According to the petitioner, pursuant to notice dated 07.07.2021, the survey was conducted on 14.07.2021. It is stated that all the joint pattathars were put on notice at the time of such survey. 3.In these circumstances, the petitioner states that he is entitled to the issuance of a patta with regard to the sub divided property. However, his application dated 16.09.2021 in such regard https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.14115 of 2021 has not been disposed of till date. The present writ petition is filed in these circumstances.

4.Mr.R.Baskaran, learned counsel for State, accepts notice on behalf of all the respondents and submits that the petitioner's representation may be considered and disposed of on merits. 5.In view of the limited scope of the writ petition, without going into the merits of the matter, the third respondent herein is directed to consider the petitioner's application dated 16.04.2021 and dispose of the same by a reasoned order after providing a reasonable opportunity to all the joint pattathars and any others who would be affected by such decision. Such reasoned order shall be passed within a period of three months from the date of receipt of a copy of this order.

6.W.P.(MD).No.14115 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (P & A) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Office of the District Collector, Dindigul District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional, Dindigul District.

3.The Tahsildar, Natham Taluk, Dindigul District.

+1 CC to M/s.Special Government Pleader ( SR-26239[F] dated 13/08/2021 ) W.P(MD)No.14115 of 2021 12.08.2021 RS (23.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2