Madras High CourtWP(MD)/21937/2024allowed

C.Sakthivel v. The District Collector

2024-09-13Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA C.Sakthivel .. Petitioner Vs.

1.The District Collector, Karur District, Karur.

2.The Tahsildar, Aravakurichi Taluk, Karur District.

3.The Taluk Surveyor, Aravakurichi Taluk, Karur District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to sub-divide the petitioner's land and to issue separate patta to the petitioner's land situated in Survey No.844/3 to an extent of 0.33-12

cents, at Venchamangudalur Keelpagam Village, Aravakurichi Taluk, Karur District in the light of the petitioner's representation dated 15.08.2024.

For Petitioner :

Mr.R.Gunasekaran For Respondents :

Mr.P.Thambidurai Government Advocate

ORDER

This writ petition is filed for a mandamus directing the respondents to sub-divide the petitioner's land and to issue separate patta to the petitioner's land situated in Survey No.844/3 to an extent of 0.33-12 cents, at Venchamangudalur Keelpagam Village, Aravakurichi Taluk, Karur District, in the light of the petitioner's representation dated 15.08.2024.

2.The case of the petitioner is that his father had executed a registered gift in his favour on 23.02.2021 in respect of the land in S.No. 844 to an extent of 2.54 cents, situated at Venchamangudalur Keelpagam Village and patta was also mutated in his name. The petitioner had sold a portion of the aforesaid property to an extent of 2.20 1⁄2 acres to one

Valarmathi and he was in possession and enjoyment of the remaining extent of 0.33 1⁄2 cents. The petitioner did not have separate patta in respect of this extent and the land was not subdivided. Therefore, he made an online application on 03.08.2024 for subdividing the land and for issuance of patta. The same is yet to be considered and therefore, aggrieved by the same, the petitioner is before this Court.

3. Heard the learned counsel on either side.

4.Taking into consideration the gift settlement deed dated 23.02.2021 was executed by his father and the patta stands in the name of the petitioner in respect of the larger extent. After the alienation by the petitioner, the remaining extent of 0.33 1⁄2 cents is in his possession for which he requires a separate patta and an application has also been made by him on 03.08.2024. Therefore, a mandamus is issued to the respondents to consider the petitioner's application dated 03.08.2024 and pass orders on merits and in accordance with law, after verifying the relevant original documents within a period of four weeks from the date

of receipt of a copy of this order.

5.With the above direction, this Writ Petition stands allowed. No costs.

13.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes Ns To 1.The District Collector, Karur District, Karur.

2.The Tahsildar, Aravakurichi Taluk, Karur District.

3.The Taluk Surveyor, Aravakurichi Taluk, Karur District.

P.T.ASHA, J.

Ns Dated: 13.09.2024