Senthilkumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Senthilkumar .. Petitioner Vs.

1.The District Collector, Tenkasi District, Tenkasi.

2.The District Revenue Officer, District Revenue Office, Tenkasi, Tenkasi District.

3.The Tahsildar, Taluk Office, Kadayanallur, Tenkasi District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the third respondent to subdivide in respect of the properties in Survey Nos.252/7, 252/10, 252/8, 253/7, 275/3, 273/3, 273/3, 15/6, 40/1, 40/3 and 243/4 situated at Chokkampatti Village, Kadayanallur Taluk, Tenkasi District and issue separate patta based on the petitioner's representation dated 23.09.2024.

For Petitioner :

Mr.S.Muniyandi For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

The petitioner has filed this writ petition for the following relief: "For the reasons stated in the accompanying affidavit it is prayed that this Hon'ble Court may be pleased to issue a Writ of Mandamus or order or direction or any other appropriate writ directing the 3rd respondent to subdivide in respect of the properties in survey Nos.252/7, 252/10, 252/8, 253/7, 275/3, 273/3, 273/3, 15/6, 40/1, 40/3 and 243/4 situated at Chokkampatti Village, Kadayanallur Taluk, Tenkasi District and issue separate patta based on the petitioner's representation dated 23.09.2024 and pass such further or other order as this Hon'ble Court may deem fit and proper in the circumstances of this case and thus render justice."

2. The petitioner has purchased the property subject matter of this writ petition under various documents and he had been issued with a

joint patta in respect of these lands. Thereafter, he had made an application for issuance of separate patta in his favour after subdividing the property to the third respondent in respect of the properties comprised in S.Nos.252/7, 252/10, 252/8, 253/7, 275/3, 273/3, 273/3, 15/6, 40/1, 40/3 and 243/4 situate at Chokkampatti Village, Kadayanallur Taluk, Tenkasi District. The online application was submitted on 30.08.2024. Since there was no action, he has followed up with a representation dated 23.09.2024. Even that had not evoked any result, the petitioner is before this Court.

3. Heard the learned counsel on either side.

4. Taking into account the fact that the petitioner had purchased properties under various sale deeds and had been issued with a joint patta and for the purpose of forming a layout, he requires a separate patta, the petitioner had made necessary application to the third respondent, as early as on 30.08.2024. The third respondent has not taken steps to survey, subdivide and grant a patta to the petitioner till date. Therefore, a

mandamus is issued directing the third respondent to consider the petitioner's representation, survey, subdivide and grant separate patta to the petitioner. In case, there is any objection, the same shall be heard and in case, the request for subdivision is rejected, a speaking order shall be passed. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

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

22.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr

To 1.The District Collector, Tenkasi District, Tenkasi.

2.The District Revenue Officer, District Revenue Office, Tenkasi, Tenkasi District.

3.The Tahsildar, Taluk Office, Kadayanallur, Tenkasi District.

P.T.ASHA, J.

abr Dated: 22.10.2024