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2025 DAILYLAW 17901 (MAD)

R.DURAIPANDI v. THE DISTRICT COLLECTOR

WP/3366/2025 · 2025-02-03

N Anand Venkatesh

Transfer Petitionbody2025

Judgment text

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W.P.No.3366 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.02.2025 CORAM THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.3366 of 2025 and W.M.P.No.3736 of 2025 1.R.Duraipandi 2.S.Muthulakshmi 3.R.Vaithiyananthan ... Petitioners Vs. 1.The District Collector Kallakurichi Collector Office 2.The Revenue Divisional Officer Kallakurichi District Kallakurichi 3.The Tahsildar Kallakurichi Taluk Office Kallakurichi District ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to sub divide the vacant land of 0.09 cents situated in Rayarpalaiyam Village, Pethanur Post, Kallakurichi Taluk, Kallakurichi District, comprised in Old Survey No.122, New Survey No.122/1, upon dividing into 3 cents for each petitioners herein and issue 1/4 https://www.mhc.tn.gov.in/judis W.P.No.3366 of 2025 individual patta in the name of the petitioners, based upon the representation dated 16.12.2024. For Petitioners : Mr.T.Balachandran For Respondents : Mr.P.Sathish Additional Government Pleader ORDER This Writ Petition has been filed for the issue of mandamus directing the respondents to sub divide the subject property and to issue separate / individual patta in the name of the petitioners by considering the representation dated 16.12.2024. 2.Heard Mr.T.Balachandran, the learned counsel appearing on behalf of the petitioner and Mr.P.Sathish, the learned Additional Government Pleader appearing for the respondents. 3.It is brought to the notice of this Court that the property in question is categorized as a 'Grama Natham'. The learned Additional Government Advocate submitted that in so far as issuing patta for Grama Natham, it is not issued as a matter of course and individual cases are considered depending upon the nature 2/4 https://www.mhc.tn.gov.in/judis W.P.No.3366 of 2025 of Right claimed and occupation of the property. Therefore, the learned Additional Government Pleader submitted that representation made by the petitioners will be considered on its own merits and in accordance with law. 4.Taking into consideration the facts and circumstances of the case and the limited relief sought for in the writ petition and without going into the entitlement of petitioners for grant of patta with respect to a Grama Natham land, there shall be a direction to the 3rd respondent to individually consider the representation made by the petitioners on its own merits and in accordance with law and take a decision within a period of eight (8) weeks from the date of receipt of a copy of this order. 5.This writ petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed. 03.02.2025 Index : Yes / No Neutral Citation kas 3/4 https://www.mhc.tn.gov.in/judis W.P.No.3366 of 2025 N. ANAND VENKATESH, J. kas To. 1.The District Collector Kallakurichi Collector Office 2.The Revenue Divisional Officer Kallakurichi District Kallakurichi 3.The Tahsildar Kallakurichi Taluk Office Kallakurichi District W.P.No.3366 of 2025 and W.M.P.No.3736 of 2025 03.02.2025 4/4 https://www.mhc.tn.gov.in/judis