K.Guruvammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2024

CORAM

THE HONOURABLE MRS.JUSTICE N.MALA K.Guruvammal ... Petitioner Vs.

1.The District Collector, Thoothukudi District.

2.The Tahsildar, Ottapidaram Taluk, Thoothukudi District.

3.S.Senthurupandi

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to issue separate patta by sub-dividing the petitioner's land in S.No.427/3 at S.Kumarapuram Village, Ottapidaram Taluk, Thoothukudi District as per her Challan dated 29.08.2024 within stipulated time framed by this Court. For Petitioner : Mr.K.Dinesh For R1 & R2 : Mr.A.Kannan Additional Government Pleader 1/5

O R D E R

This writ petition has been filed for a direction to the second respondent to issue separate patta by sub-dividing the petitioner's land in S.No.427/3 at S.Kumarapuram Village, Ottapidaram Taluk, Thoothukudi District

2. The petitioner was allotted with Natham free house site patta in patta No.350. In pursuance to the said patta, the petitioner's family members constructed house and resided there separately with their family members. There are 6 legal heirs along with the petitioner to her parents and patta was issued jointly in the name of all the legal heirs. While so, the third respondent without any right to the property created disturbances to the petitioner's ownership. Therefore, the petitioner filed an application along with the requisite fee on 29.08.2024 to issue to her separate patta by sub dividing the lands in S.No.427/3 at S.Kumarapuram Village, Ottapidaram Taluk, Thoothukudi District. As no action was taken on the petitioner's application, the petitioner filed the writ petition for the aforesaid relief.

3. The learned Government Advocate for the respondents 1 and 2, on instructions, submits that there are six other applications preceding the 2/5

petitioner's application. He further submits that reasonable time may be fixed by this Court to consider the petitioner's application.

4. In view of the fact that the petitioner filed the application on 29.08.2024 and there are six other applications preceding the petitioner's application, a direction is issued to the second respondent to consider the petitioner's application and pass orders on merits and in accordance with law as expeditiously as possible and in any event within a period of 12 weeks from the date of receipt of a copy of this order.

5. Accordingly, this writ petition stands disposed of. No costs. 12.11.2024 NCC:yes/no Index:yes/no Internet:yes/no SN 3/5

To:

1.The District Collector, Thoothukudi District.

2.The Tahsildar, Ottapidaram Taluk, Thoothukudi District.

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N.MALA, J.

SN 12.11.2024 5/5