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Madras High CourtWP/1907/2023disposed of

K.Shanmugam v. The District Collector

2023-01-27Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR K.Shanmugam ... Petitioner

Versus

1. The District Collector, Salem District.

2. The Tahsildar, Office of the Tahsildar, Thalaivasal Taluk, Salem District.

3. The Head Surveyor, Office of the Tahsildar, Thalaivasal Taluk, Salem District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 2 and 3 to issue patta by measuring the petitioners land viz. property Land measuring to an total extent of about 2 acre 14 cents bearing patta number 339 comprised in Survey number 66/2B in Pattuturai Village, Thalaivasal Taluk by disposing of the petitioners representation dated 07.09.2022 and reminder representation dated 03.01.2023 and the same within a time to be stipulated by this Honourable Court.

For Petitioner : Mr.A.Rajakumar 1/4

For Respondent : Mr.P.Sathish, AGP For RR1 to 3

ORDER

This writ petition has been filed seeking a direction to the respondents 2 and 3 to issue patta by measuring the petitioners land viz. property Land measuring to an total extent of about 2 acre 14 cents bearing patta number 339 comprised in Survey number 66/2B in Pattuturai Village, Thalaivasal Taluk by disposing of the petitioners representation dated 07.09.2022 and reminder representation dated 03.01.2023.

2. Mr.P.Sathish, learned Additional Government Pleader takes notice on behalf of the respondents.

3. It is the case of the petitioner that he is an absolute owner of the property to an extent of about 2 acre 14 cents in S.No.66/2B and the same was allotted to him by way of registered partition deed dated 18.01.2019. Originally, the patta stands in the name of the petitioner's mother who died on 26.12.2015. Soon after the execution of the deed of partition, the petitioner made a representation dated 07.09.2022 to the respondents for surveying the property and fixing the boundary. However, the respondents did not take any action. Hence, the petition.

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4. The learned counsel for the petitioner submitted that this Court may direct the respondents to consider the petitioners representation and pass appropriate orders within the time frame as fixed by this Court.

5. Considering the limited request made by the petitioner, this court directs the respondents 2 & 3 to consider and pass orders on the petitioner's representations dated 07.09.2022 and 03.01.2023 on merits and in accordance with law after hearing the petitioner as well as the neighbouring land owners within a period of three months from the date of receipt of a copy of this order.

6. With the above directions, the writ petition is disposed of. No costs. 27.01.2023 rli N.SATHISH KUMAR, J.

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rli To

1. The District Collector, Salem District.

2. The Tahsildar, Office of the Tahsildar, Thalaivasal Taluk, Salem District.

3. The Head Surveyor, Office of the Tahsildar, Thalaivasal Taluk, Salem District.

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