Gopinath T N v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)NO.15640 of 2021 T.N.Gopinath :Petitioner .vs.
1.The District Collector, Madurai District, Madurai.
2.The Revenue Divisional Officer, Tirumangalam.
3.The Tahsildar, Tirumangalam, Madurai District.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the third respondent to issue patta and carry out sub division of the Petitioner's land in S.No.9/1, Chettikulam Village, Tirumangalam Taluk, Madurai District based on the online application dated 17.3.2020 vide CAN NO. 03332412078961 and the Petitioner's representation to the second respondent on 5.7.2020 and fix a time frame for the same.
For Petitioner : Mr.R.Ramasamy For Respondents : Mr.K.S.Selvaganesan Counsel for the State.
O R D E R
************** The Petitioner seeks the issuance of a patta and the sub division of the land bearing S.No.9/1, Chettikulam Village, Tirumangalam Taluk, Madurai District.
2.The Petitioner states that he purchased the land ad-measuring 2400 sq.ft in Plot NO.485, S.No.9/, Chettikulam Village, Tirumangalam Taluk, Madurai District from M/s.V.G.Panneer Dass and Co, Chennai under sale deed dated 20.7.2006 which was registered as Document No.4181 of 2006. In order to effect mutation of patta and sub division, the Petitioner approached the third respondent on 7.8.2018. On account of the fact that the Petitioner was informed that the application was pending before the Survey Department, the Petitioner made a further request on 24.10.2018 and also submitted 1/3
an online application on 17.3.2020. The present Writ Petition is filed in view of the alleged failure of the respondents to take action thereon.
3.Mr.P.Subbraraj, learned counsel for the State, accepts notice on behalf of the respondents. He submits that the Petitioner has not produced the patta in the name of his vendor or any other predecessor in interest. If the Petitioner produces the patta, he submits that the third respondent would consider and dispose of the application on merits within a reasonable time frame. 4.The Petitioner has enclosed the sale deed dated 20.9.2006 and the online application dated 17.3.2020. The said online application specifies Patta No.554. However, the copy of the said patta has not been placed before this Court. The Petitioner should produce a copy of Patta No.554 or any other patta in relation to the relevant property in the name of the predecessor in interest of the Petitioner.
5.In the above facts and circumstances, without going into the merits of the matter, the Petitioner is directed to submit a copy of the patta and any other documents to the third respondent within a period of two weeks from the date of receipt of a copy of this order. Upon receipt thereof, the third respondent is directed to dispose of the Petitioner's request for patta by a reasoned order after providing a reasonable opportunity to the Petitioner and any other pattadhar as per the patta provided by the Petitioner. Such reasoned order shall be issued within three months from the date of receipt of the documents from the Petitioner as indicated above. 6.W.P(MD)No.15640 of 2021 is disposed of on these terms, but without any order as to costs.
Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn 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.
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To 1.The District Collector, Madurai District, Madurai.
2.The Revenue Divisional Officer, Tirumangalam.
3.The Tahsildar, Tirumangalam, Madurai District.
+1 CC to M/s.GP ( SR-28065[F] dated 03/09/2021 ) +1 CC to M/s.R.RAMASAMY, Advocate ( SR-28114[F] dated 03/09/2021 ) 02.09.2021 RK (13.09.2021) 3P 6C 3/3