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Madras High CourtWP/3698/2018disposed of

M.Ramesh v. The District Collector,

2018-02-20Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.3698 of 2018 1.

M.Ramesh 2.

M.Sivaraj 3.

M.Sundar Reddiyar .. Petitioners Vs.

1.The District Collector Chennai.

2.The Thasildar Guindy Taluk Race Course Road, Chennai.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 2 to survey the land measuring about 4800 sq.ft situated in Survey No.88, under Joint Patta No.1021 of 1986 at No.2/21 in Ekkattuthangal, Chennai-600 032 demarcate, the boundaries make a sub division and issue a separate joint patta in the name of the 3 petitioners herein.

For Petitioners : Mr.S.Muthudurai For Respondents : Mr.B.Anandan Government Advocate

O R D E R

Mr.B.Anandan learned Government Advocate takes notice for the respondents. By consent of the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. Heard both sides.

3. The petitioners seek for a mandamus directing the second respondent to survey the land measuring about 4800 sq.ft situated in Survey No.88, under Joint Patta No.1021 of 1986 at No.2/21 in Ekkattuthangal, Chennai-600 032, and issue a separate joint patta in their favour, based on their representation dated 28.12.2017.

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4. The grievance of the petitioners before this Court is that the said representation has not been considered so far. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioners, as it is for the second respondent to consider and decide the same on merits and in accordance with law. Accordingly, this writ petition is disposed of, only by directing the second respondent to consider the representation dated 28.12.2017 and pass orders on the same on merits and in accordance with law, after hearing the petitioner and the rival claimants, if any. Such exercise shall be done by the second respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mk To 1.The District Collector Chennai.

2.The Thasildar Guindy Taluk Race Course Road, Chennai.

+2cc to Mr.S.Muthudurai, Advocate, S.R.No.13082 +1cc to the Government Pleader, S.R.No.13249 W.P.No.3698 of 2018 RRK(27/02/2018) https://hcservices.ecourts.gov.in/hcservices/