Madras High CourtWP(MD)/2671/2017disposed of

M.Kamaraj v. The State Represented By

2017-02-17Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2017 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No. 2671 of 2017 M.Kamaraj ... Petitioner vs.

1. The State, represented by The District Collector, Trichirappalli.

2. The Revenue Divisional Officer, Musiri, Trichy District.

3. The Tahsildar, Thuraiyur, Trichy District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India Praying this Court for issuance of a Writ of Mandamus directing the third respondent to survey and subdivide the properties and issue separate patta relating to S.F.Nos.432/1, 431/7, 431/8, 431/9, 415/4D, 431/10, 415/5, 415/17, 415/4D and 432/9 at Nagalapuram Village, Thuraiyur Taluk, Trichy District., within the time stipulated by this Court.

For Petitioner : Mr.V.Singan For Respondents : Mr.T.S.Mohammed Mohideen Addl.Government Pleader

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the third respondent to survey and subdivide the properties and issue separate patta to the Petitioner, relating to S.F.Nos.432/1, 431/7, 431/8, 431/9, 415/4D, 431/10, 415/5, 415/17, 415/4D and 432/9 at Nagalapuram Village, Thuraiyur Taluk, Trichy District., within the time stipulated by this Court. 2.Mr.T.S.Mohmmed Mohideen, learned Addl. Government Pleader takes notice for the respondents.

https://hcservices.ecourts.gov.in/hcservices/

3.By consent of both parties, the main Writ Petition itself is taken up for final disposal at the admission stage itself. 4.The Petitioner, who had purchased the property in S.F.Nos.432/1, 431/7, 431/8, 431/9, 415/4D, 431/10, 415/5, 415/17, 415/4D and 432/9 at Nagalapuram Village, Thuraiyur Taluk, Trichy District, had applied for sub-division of his properties and for issuance of patta by the third respondent. Though the application was made on 14.09.2016, no action has been taken till date. Hence the present Writ Petition is filed before this Court.

5. In view of the limited scope of the prayer sought for in this writ petition and without going into the merits of the claim made by the Petitioner, there shall be a direction to the third respondent to consider the petitioner's application/representation, dated 14.09.2016 on its own merits and in accordance with law and pass orders after conducting an enquiry as contemplated under the Patta Pass-book Act within a period of eight weeks from the date of receipt of a copy of this order. The third while conducting such enquiry, shall give prior notice to any person, who will be interested in the subject lands.

6. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Trichirappalli.

2. The Revenue Divisional Officer, Musiri, Trichy District.

3. The Tahsildar, Thuraiyur, Trichy District.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 9222 VSN TE/MR : 27/02/2017 : 2P/5C W.P.(MD)No.2671 of 2017 17.02.2017 https://hcservices.ecourts.gov.in/hcservices/