Subramanian.K v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 16.09.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.18450 of 2022 K.Subramanian ..Petitioner Vs 1.The District Collector, Madurai District, Collectorate, Madurai.
2.The Revenue Divisional Officer, Revenue Divisional Office, Thirumangalam, Madurai District.
3.The Tahsildar, Tiruparankundram Taluk, Tiruparankundram, Madurai District.
..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the third respondent to issue patta for house Plot of the Petitioner in Plot No.1 in S.No.154/3C3(New Survey Number 154/45A1A) of Thanakkankulam Village of Tiruparankundram Taluk, after subdividing the same within the time frame fixed by this Court.
For Petitioner :Mr.RM.Sivakumar For Respondents:Mr.A.Kannan 1 to 3 Addl. Government Pleader
ORDER
The Petitioner has prayed for issuance of a Writ of Mandamus directing the third respondent to issue patta for house Plot of the Petitioner in Plot No.1 in S.No.154/3C3(New Survey Number 154/45A1A) of Thanakkankulam Village of Tiruparankundram Taluk, after subdividing the same within the time frame fixed by this Court. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3.The case of the Petitioner is that land measuring an extent of 3 acres and 10 cents in survey number 154/3C3(New S.No.154/45A1A) of Thanakkankulam Village, Tiruparankundram Taluk, originally belonged to one Pitchai and the revenue records also stands in his name. After his demise, his legal heirs sold the said land into several housing plots and executed a registered power of attorney in favour of one Amirtham, wife of Balakrishnan on 9.9.2005 to deal with the same. The said Amirtham sold Plot Nos.1 and 2 to one Bose, son of Peyathevar and Rajeswari, wife of Bose on 23.09.2010 through a registered sale deed, who in turn had sold the plot No.1 to the Petitioner on 12.7.2018 through a registered sale deed, for valuable consideration and from that date, he was in possession and enjoyment of the said property. Similarly Plot No.2 was purchased by one Rajaguru and on his application, the third respondent
subdivided his survey number and patta was given to him. So the Petitioner has also applied for sub-division of the land in above said survey number purchased by him and in this regard he submitted an application on 27.5.2022 through online and the said application was not considered so far. Hence the Petitioner has filed the present Writ Petition for the relief stated supra.
4.Though the learned counsel for the Petitioner sought for a larger relief, at the time of arguments, he restricted his prayer only to consider the application/representation submitted by him through on line on 27.5.2022 by the authorities concerned.
5.The learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that the Petitioner's application will be considered on merits and in accordance with law, within the time specified by this Court.
6.In view of the above submissions, this Court, without expressing any opinion on the merits of the matter, directs the third respondent to consider the application/representation submitted by the Petitioner through online on 27.5.2022, in respect of issuance of patta for the lands referred to above, on merits and in accordance with law, after affording an opportunity of hearing to the parties concerned within a
period of eight weeks from the date of receipt of a copy of this order. 7.With the above direction, the Writ Petition stands disposed of. No costs.
16.09.2022 Index : Yes/No Internet:Yes/No vsn To 1.The District Collector, Madurai District, Collectorate, Madurai.
2.The Revenue Divisional Officer, Revenue Divisional Office, Thirumangalam, Madurai District.
3.The Tahsildar, Tiruparankundram Taluk, Tiruparankundram, Madurai District.
V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.18450 of 2022 16.09.2022