Madras High CourtWP(MD)/14137/2021disposed of

Karthikeyan v. The District Collector

2021-08-12Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P.(MD)No.14137 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.14137 of 2021 Karthikeyan ... Petitioner Vs.

1. The District Collector, Trichy District, Trichy.

2. The Tahsildar, Manapparai Taluk, Manapparai Trichy District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to directing the second respondent to conduct survey and sub division, issue separate patta in respect of S.F.No.37/2A for an extent of 12 1⁄2 cents out of 0.14.0 Hectares, situated at Puthanatham Revenue Village, Manapparai Taluk, Trichy District, on the basis of the representation dated 15.06.2021 within the time frame fixed by this Court.

For Petitioner : Mr.T.Vadivelan For Respondents : Mr.P.Subbaraj, Counsel for State,

O R D E R

The petitioner seeks a survey and issuance of separate patta in respect of the property bearing S.F.No.37/2A of an extent of 12 1⁄2 cents at Puthanatham Revenue Village, Manapparai Taluk, Trichy District.

2. The petitioner traces title to the aforesaid property to a partition deed as between his father and the father's siblings. It is stated that Patta No.1063 was issued in respect of the larger extent in S.F.No.37/2A admeasuring 0.14.0 Hectares.

3. The petitioner states that he therefore requested for a subdivision of the property and the issuance of a separate patta in his favour. Although such representation was submitted on 15.06.2021, it is stated that no action has been taken thereon.

4. Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of both the respondents. He submits that the representation may be considered and disposed of on merits. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.14137 of 2021

5. The petitioner has filed the joint patta in respect of the property bearing S.F.No.37/2A. The said joint patta reflects the names of about fourteen persons. Needless to say, all these persons would have to be heard before a decision is taken on the petitioner's representation for a survey and for sub-division of the property. However, the petitioner's representation is required to be disposed of within a reasonable time frame.

6. Accordingly, without going into the merits of the matter, the second respondent herein is directed to consider the petitioner's representation dated 15.06.2021 and dispose of the same by a reasoned order after providing a reasonable opportunity to the petitioner, all other joint pattadars 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.

7. W.P(MD).No.14137 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn To:

1. The District Collector, Trichy District, Trichy.

2. The Tahsildar, Manapparai Taluk, Manapparai Trichy District.

+1 CC to M/s.GP ( SR-26384[F] dated 16/08/2021 ) W.P.(MD)No.14137 of 2021 12.08.2021 RK (23.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2