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Madras High CourtWP(MD)/30585/2023allowed

Manimaran .K.R v. The District Collector

2023-12-21Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN K.R.Manimaran ... Petitioner Vs.

1.The District Collector, Collectorate, 2.The District Revenue Officer, O/o. The District Revenue Officer, Collectorate, 3.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Illuppur, Pudukottai District.

4.The Tahsildar, Kulathur Taluk, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the fourth respondent to issue patta in respect of the petitioner's property in 1/4

Kulathur Village, Kulathur Taluk, Pudukottai District comprising S.No. 518/13 extent about 4796 Sq.Ft. (11 Cents) after making necessary sub division based on the petitioner's representation dated 10.10.2022 within stipulated time fixed by this Court.

For Petitioner : Mr.K.R.Manimaran Party-in-person For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

Heard both sides.

2.The petitioner had purchased the petition mentioned property vide sale deed dated 04.07.2022. The vendors of the petitioner are the legal heirs of one Kanagarajan. Patta standing in the name of Kanagarajan has been enclosed in the typed set of papers. Whenever, such alienation takes place, the purchaser is entitled to step into the shoes of the vendor.

3.It is seen that Kanagarajan owned a larger extent of land (78.5 ares). The petitioner had purchased 11 cents of land. There must be 2/4

subdivision and issuance of separate patta. The petitioner categorically states that there is no dispute among the parties and there is consensus prevailing. The fourth respondent shall issue notice to all the legal heirs of Kanagarajan and hold an enquiry. Based on the outcome of the enquiry, the fourth respondent shall effect subdivision and also issue separate patta in favour of the petitioner. This exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

4.This writ petition is allowed accordingly. There shall be no order as to costs.

21.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The District Collector, Collectorate, 2.The District Revenue Officer, O/o. The District Revenue Officer, Collectorate, Pudukottai District.

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G.R.SWAMINATHAN, J.

MGA 3.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Illuppur, Pudukottai District.

4.The Tahsildar, Kulathur Taluk, 21.12.2023 4/4