Madras High CourtWP/7057/2022disposed of

Mr. C.K.Shanmugam v. The District Collector

2022-03-28Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :28.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.7057 of 2022 C.K.Shanmugam ... Petitioner Vs.

1.The District Collector, Collectorate, Ranipet District.

2.The District Revenue Officer, Collectorate, Ranipet, Ranipet District.

3.The Revenue Divisional Officer, Arakkonam Taluk, Arakkonam, Ranipet District.

4.The Tahsildar, Office of the Tahsildar, Arakkonam Taluk, Ranipet District.

5.The Taluk Surveyor, Office of Tahsildar, Arakkonam Taluk, Ranipet District.

6.The Village Administrative Officer, Ayyarpadi Village, Arakkonam Taluk, Vellore District.

7.K.Krishnan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 4 and 5 to survey, sub divide and to grant a separate Patta in the name petitioner to the properties allotted to petitioner in final decree in I.A.No.2017/2017 in O.S.No. 168/2019, on the file of Special Subordinate Judge,

Special Court for L.A.O.P. Cases, Arakkonam.

For Petitioner : Mr.A.Gouthaman For Respondents : Mr.R.Vigneswaran Government Advocate

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, to direct the respondents 4 and 5 to survey, sub divide and to grant a separate Patta in the name petitioner to the properties allotted to petitioner in final decree in I.A.No.2017/2017 in O.S.No. 168/2019, on the file of Special Subordinate Judge, Special Court for L.A.O.P. Cases, Arakkonam.

2. The learned Government Advocate appearing on behalf of the respondents takes notice for the official respondents. In view of the limited relief sought for in this petition and on the consent of the learned counsel appearing on either side, this petition is taken up for final disposal.

3. Since no adverse order is being passed as against the private respondent, notice to the private respondent is dispensed with.

4. The case of the petitioner is that the petitioner has filed O.S.No.112/2015, on the file of Subordinate Judge, Arakkonam, for partition. The petitioner obtained final decree in his favour, in I.A.No.2017/2017 in O.S.No.168./2019, on the file of Special Subordinate Judge, Special Court for L.A.O.P.Cases, Arakkonam. Thereafter, the petitioner made an application before the 4th respondent on 21.02.2022, for surveying and sub dividing the property. However, till date no orders have been passed. Hence, this writ petition is filed with the above said prayer.

5. The learned counsel for the petitioner submitted that it would suffice if this Court issue a direction to the 4th respondent to consider the petitioner's representation dated 21.02.2022, and pass orders within a reasonable time that may be fixed by this Court.

6. The learned Government Advocate appearing on behalf of the respondents submitted that the petitioner's representation dated 21.02.2022, will be considered by the respondents within a reasonable time that may be fixed by this Court.

7. This Court, without going into the merits of the case, directed the 4th respondent to consider the petitioner's

representation, dated 21.02.2022, and pass appropriate orders on merits and in accordance with law, after providing an opportunity of hearing to the petitioner and to the aggrieved parties, if any, within a period of twelve weeks from the date of receipt of a copy of this order.

8. With the above direction, this Writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) //True copy// Sub Assistant Registrar Psa To 1.The District Collector, Collectorate, Ranipet District.