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Madras High CourtWP/5212/2024disposed of

Mrs.Susila v. The District Collector

2024-02-29Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.02.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.

of 2024 Susila ... Petitioner Vs.

1. The District Collector Dharmapuri District

2. The Tahsildar (Revenue) Harur Taluk, Dharmapuri District ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents herein to consider the petitioner's representation dated 26.10.2023 and issue the Patta in the name of the petitioner in respect of property situated at Salem District, Harur Sub Registration District, Dasirahalli, Podinayakkampatti Village (presently Dharmapuri District, Harur Taluk) ini Survey No.41/31 to an extent of 0.75 cents in view of Will dated 09.08.1985, vide Document No.13/1985.

For Petitioner : Mr.M.Munirathinam For Respondents : Mr.S.J.Mohamed Sathik Government Advocate 1/5

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus directing the respondents herein to consider the petitioner's representation dated 26.10.2023 and issue the Patta in the name of the petitioner in respect of property situated at Salem District, Harur Sub Registration District, Dasirahalli, Podinayakkampatti Village (presently Dharmapuri District, Harur Taluk) ini Survey No.41/31 to an extent of 0.75 cents in view of Will dated 09.08.1985, vide Document No.13/1985.

2. The learned counsel for the petitioner submitted that it would suffice if a direction is issued to the respondents to consider the petitioner's representation dated 26.10.2023 within a time as may be fixed by this Court.

3. Mr.S.J.Mohamed Sathik, learned Government Advocate takes notice for the respondents.

4. Having regard to the submissions made by the learned counsel on either side and since this writ petition is filed seeking a simple writ of 2/5

mandamus to consider the petitioner's representation, this Court without expressing any opinion with regard to the merits of the case, directs the respondents to consider the petitioner's representation dated 26.10.2023 and issue notice to the petitioner, adjacent land owners of the four boundaries of the subject property and also to the interested parties/rival claimants/objectors/aggrieved parties if any, as the case may be and after issuing notice to all the parties, conduct enquiry in the manner known to law and pass orders on merits and in accordance with law within the time as prescribed in the circular No.R1/2005632/2022 dated 17.07.2023 issued by the Commissioner of Land Administration.

5. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 29.02.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 3/5

To

1. The District Collector Dharmapuri District

2. The Tahsildar (Revenue) Harur Taluk, Dharmapuri District 4/5

P.VELMURUGAN. J.

Ksa-2 W.P. No.

of 2024 29.02.2024 5/5