Kalaivani v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Kalaivani ... Petitioner vs.
1.The District Collector, Kanyakumari District, Collector's Office, Nagercoil, Kanyakumari District.
2.The Revenue Divisional Officer, Nagercoil, Kanyakumari District.
3.Tashildar, Aagastheeswaram Taluk, Nagercoil, Kanyakumari District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to sub-divide and issue separate patta in favour of the petitioner subject to the petitioner's property measuring 7.667 cents in Re-survey No.608/7 situated at Thamaraikulam Village, Agasteeswaram Taluk, Kanyakumari District based on the petitioner's representation dated 15.10.2021. For Petitioner : Mr.G.Kannan For Respondents : Mr.D.Ghandiraj Special Government Pleader
O R D E R
The petitioner has filed the present writ petition in the nature of Writ of Mandamus seeking a direction against the second respondent/Revenue Divisional Officer, Nagercoil in Kanyakumari District to subdivide and issue separate patta in favour of the petitioner with respect to the property measuring 7.667 cents in Re-survey No.608/7 at Thamaraikulam Village, Agasteeswaram Taluk, Kanyakumari District.
2.The petitioner claims that a settlement deed had been executed on 26.11.1998 and he has been the beneficiary of such document. Subsequently, it is also stated that he is in 1/3
possession and enjoyment of the particular property. The petitioner had made an application to sub-divide the aforesaid property and also filed an on-line application on 27.08.2021 and had also paid necessary charges to the Treasury. Since the second respondent had not responded to the aforesaid application, the present writ petition has been filed.
3.Mr.D.Ghandiraj, learned Special Government Pleader, takes notice on behalf of all the respondents.
4.A direction is given to the second respondent to examine the application already filed by the petitioner and issue notice to the petitioner and other joint pattathars, who may be concerned with the grant of separate patta in favour of the petitioner, examine the revenue records and thereafter, proceed to comply with the said application. The entire exercise shall be concluded within a period of 16 weeks from the date of receipt of a copy of this order.
5.With the above observations, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) sji 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, Kanyakumari District, Collector's Office, Nagercoil, Kanyakumari District.
2.The Revenue Divisional Officer, Nagercoil, Kanyakumari District.
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3.Tashildar, Aagastheeswaram Taluk, Nagercoil, Kanyakumari District.
+1 CC to M/s.L. GEORGE PAUL ANTO, Advocate (SR-35564[F] dated 23/11/2021) +1 CC to M/s.SPL GP ( SR-35632[F] dated 24/11/2021 ) 23.11.2021 AM(CO) SB(06.12.2021) 3P 6C 3/3