A.Navamani v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2024

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA A.Navamani

...Petitioner

/Vs./ The Tahsildar, Kulithalai Taluk, Karur District.

... Respondent P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to subdivide and issue separate pattas in respect of the Ayan Punjai Survey No.780/3B6, 780/3B7, 782/1A, 783/1 and 790 with a total extent of 1 acre 38 cents in Kazhugoor, Kulithalai Taluk, Karur District based on the application an payment dated 10.07.2023 within stipulated time prescribed by this Court.

For Petitioner : Mr.Robert Chandrakumar For Respondent : Mr.M.Muthumanikkam Government Advocate

ORDER

This writ petition is filed for a writ of mandamus directing the respondent to subdivide and issue separate pattas in respect of the Ayan 1/5

Punjai Survey No.780/3B6, 780/3B7, 782/1A, 783/1 and 790 with a total extent of 1 acre 38 cents in Kazhugoor, Kulithalai Taluk, Karur District based on the application dated 10.07.2023.

2.Mr.M.Muthumanikkam, learned Government Advocate, takes notice for the respondents.

3.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

4.The petitioner's father purchased 16 properties including the subject properties on 20.04.2005. From the date of purchase, they were in possession and enjoyment of the subject property. Subsequently, the survey No.780/3B7 was was sub divided as 780/3B7A. A joint patta was also issued in the petitioner's father's name. While so, the petitioner on 31.08.2021 applied for sub division as well as issuance of separate patta for the subject property and paid necessary fee for the same. The application was filed by the petitioner's wife. However, no action was taken by the respondent. The petitioner therefore, on 10.07.2023, applied for sub-division and for issuance of separate patta and paid necessary fee. As no action was taken, the petitioner submitted representations on 2/5

24.07.2023 and 21.08.2023. Though the respondent received the said representations, no action was taken. Therefore, the petitioner filed the writ petition for the aforesaid relief.

5.It is seen that the petitioner filed his first application on 31.08.2021, and no action was taken. The petitioner filed second application on 10.07.2023, along with requisite fee. The second respondent kept the matter pending without taking any action. Therefore, the petitioner sent representations dated 24.07.2023 and 21.08.2023. Even thereafter, no action was taken. Therefore, the petitioner approached this Court.

6.Considering the fact that the petitioner's application is kept pending for more than 1 1⁄2 years, I direct the respondent to dispose of the application of the petitioner dated 10.07.2023, on merits and in accordance with law, in terms of the circular issued by the Commissioner of Land Administration dated 17.17.2023, and also in terms of the provisions of the Patta Passbook Act, within a period of twelve weeks, from the date of receipt of a copy of this order. 3/5

7.With the above direction, this writ petition stands disposed of. No costs.

05.12.2024 Index : Yes / No NCC : Yes / No ta To The Tahsildar, Kulithalai Taluk, Karur District.

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N.MALA, J.

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