V. Chinnadurai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD).No.4975 of 2016 V.Chinnadurai ... Petitioner Vs 1.The District Collector, Trichy, Trichy District.

2.The Revenue Divisional Officer, Taluk Office, Manapparai, Trichy District.

3.The Tahsildar, Taluk Office, Manapparai, Trichy 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 made Sub-Division of the properties in S.No. 237/10A, 237/1D, 237/2B, 237/10D, 237/9 situated at Moondipatti 1/5

Village, Manapparai Taluk, Trichy District, as per the sale deed dated 15.02.2005 vide Documents No.361/2005, 362/2005 & 363/2005 and to issue separate Patta in the petitioner's name by considering and passing appropriate orders on the petitioner's representation dated 03.11.2015 within a time frame.

For Petitioner : Mr.N.R.Balaji For Respondents : Mr.J.K.Jeyaseelan Government Advocate

O R D E R

This Writ Petition is filed for a Mandamus, directing the third respondent to Sub-Divide the properties in S.No.237/10A, 237/1D, 237/2B, 237/10D, 237/9 situated at Moondipatti Village, Manapparai Taluk, Trichy District and to issue separate Patta in the petitioner's name by considering the petitioner's representation dated 03.11.2015. 2.The learned counsel appearing for the petitioner submits that the petitioner has applied for a separate patta for the lands in S.No. 237/10A, 237/1D, 237/2B, 237/10D, 237/9 and he has also paid 2/5

necessary charges on 03.11.2015. The grievance of the petitioner is that though he has applied for separate patta in his individual name, it has not been considered. Hence, he was constrained to file this writ petition. 3.The learned Government Advocate appearing for the respondents submits that when an attempt was made to survey the petitioner's land, objections were received from the petitioner's neighbour and therefore, further proceedings could not be completed. 4.Heard the learned counsel on either side and perused the materials placed on record.

5.It appears that the petitioner has applied for a separate patta for the lands and he has also paid necessary charges as early as on 03.11.2015. Considering the fact that the petitioner's request for grant of patta is kept pending for more than six years, there shall be a direction to the respondent to take a decision on the grant of separate patta on the 3/5

petitioner's application by conducting an enquiry and also considering the rival claims, if any, within a period of twelve weeks from the date of receipt of a copy of this order.

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

15.02.2023 Index : Yes / No.

Internet : Yes / No.

vrn To 1.The District Collector, Trichy, Trichy District.

2.The Revenue Divisional Officer, Taluk Office, Manapparai, Trichy District.

3.The Tahsildar, Taluk Office, Manapparai, Trichy District.

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B.PUGALENDHI, J.

vrn Order made in W.P.(MD).No.4975 of 2016 15.02.2023 5/5