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Madras High CourtWP/10717/2018disposed of

M.Murugan v. The District Collector

2018-12-14Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.12.2018

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P. No.10717 of 2018 M.Murugan .. Petitioner Vs.

1. The District Collector,

2. The Thasildhar, Chinna Salem Taluk, .. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus and directing the respondents 1 and 2 to consider the petitioner's representation letter dated 21.03.2018 and further directing the respondents to measure the property based on the payment Challan in Survey No.193/4A1, 193/4B, 193/4G1, 193/4H1, 193/4AK1, 193/4L1, 193/5, in Chinna Salem (North Village) Chinna Salem Taluk, Villupuram District and give correct patta to the petitioner.

For Petitioner : Mr.S.Ramajayam For Respondents : Mr.N.Inbanathan Additional Government Pleader

O R D E R

By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

2. The prayer sought for in this Writ Petition is for the issuance of a Writ of Mandamus to direct the respondents to consider the representation dated 21.03.2018 submitted by the petitioner.

3. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 21.03.2018 seeking to to correct the error that crept in in the revenue records, survey the land and issue him patta. It is stated that the petitioner has paid necessary charges to survey his land vide challans dated 03.07.2017 and 19.02.2018. Since the respondents have not considered the said representation, the petitioner is before this Court.

4. Heard Mr.N.Inbanathan, learned Additional Government Pleader on behalf of the respondents submitted that any application for issuance of patta should be made only through online.

5. Considering the facts and circumstances of the case and the submissions made on either side, the petitioner is permitted to apply for patta through online within a period of two weeks from the date of receipt of a copy of this order. It is made clear that this Court is not expressing any opinion on the merits of the representation to be made by the petitioner.

6. It is the fact that there is a dearth of surveyors in many of the Taluk Offices and there are many petitions and requests as that of the petitioner herein waiting their properties to be surveyed. Hence, the second respondent is directed to have a list of such requests and conduct the survey as per the order of priority. However, any such request for survey of the land shall be done, on merits and in accordance with law, after issuing notice to the petitioner and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of six weeks from the date of receipt of a copy of this order.

7. With the above direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar srn/mtl To

1. The District Collector,

2. The Thasildhar, Chinna Salem Taluk, +1cc to Mr.S.Ramajayam, Advocate, S.R.No.86904 +1cc to the Government Pleader, S.R.No.87423 W.P. No.10717 of 2018 RJI(CO) GSP(07/01/2019)