Madras High CourtWP(MD)/24398/2023disposed of

Anandan.R v. The District Collector

2023-10-09Honourable Mr Justice G.R.Swaminathan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN R.Anandan ... Petitioner Vs.

1.The District Collector, 2.The District Revenue Officer, Theni, 3.The Revenue Divisional Officer, Uthamapalayam, 4.The Tahsildar, 5.The Surveyor, Taluk Office, Bodinayakkanur, 1/5

6.The Block Development Officer, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 4 to 6 to measure and sub-divide the property bearing Patta No.2457, situated in S.No.155 of Rasingapuram village, Bodinayakkanur Taluk, Theni District, and issue separate patta in the name of the petitioner based on the application dated 12.09.2022 for the Sub-Division and patta transfer in his name within the period that may be stipulated by this Court.

For Petitioner : Mr.J.Sulthan Basha For Respondents : Mr.C.Satheesh Government Advocate for R.1 to R.5 Mr.R.Suresh Kumar Additional Government Pleader for R.6

ORDER

Heard both sides.

2. The petitioner's name is figuring at S.No.11 in joint Patta No. 2457, Rasingapuram Village, Bodinayakkanur Taluk. The petitioner wants separate patta. He had given an application before the fourth respondent. The fourth respondent will issue notice to all the other pattadhars. An enquiry shall be held. If there is consensus among 2/5

various pattadhars then based on the same, survey can be conducted and individual patta shall also be issued. If consensus cannot be arrived at, the petitioner has to necessarily move the jurisdictional civil Court for appropriate relief. The revenue authority will not be competent to go into contested matters involving title. This exercise shall be completed by the fourth respondent within a period of five months from the date of receipt of a copy of this order.

3. This writ petition is disposed of accordingly. There shall be no order as to costs.

09.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The District Collector, 2.The District Revenue Officer, Theni, 3/5

3.The Revenue Divisional Officer, Uthamapalayam, 4.The Tahsildar, 5.The Surveyor, Taluk Office, Bodinayakkanur, 6.The Block Development Officer, 4/5

G.R.SWAMINATHAN, J.

MGA 09.10.2023 5/5