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Madras High CourtWP/12517/2017disposed of

A.R.K. Varatharajan v. The District Collector,

2017-06-02Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.12517 of 2017 A.R.K.Varatharajan ... Petitioner Vs.

1.The District Collector, Collectorate, Salem District, Salem - 1.

2.The Tahsildar, Salem South Taluk Office, Suramangalam & Post, Salem District.

3.The Surveyor, Survey Section, Salem West Ward Office, Suramangalam Post, Salem Municipal Corporation, Salem District.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents 2 & 3 herein to consider the petitioner's representation dated 20.09.2016 and to measure and sub divide the petitioner property in S.No.245/8 to the extent of 17000 square feet and T.S.L.R.No.21 situated in Jazirammapalayam Village, Salem West Taluk & District belongs to the petitioner and issue separate patta in favour of the petitioner. For Petitioner : Mr.A.Rajakumar For Respondents : Mr.A.N.Thambidurai, Special Government Pleader

O R D E R

The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the respondents 2 & 3 herein to consider the petitioner's representation dated 20.09.2016 and to measure and sub divide the petitioner's property in S.No.245/8 to the extent of 17,000 square feet and T.S.L.R.No.21 situated in Jazirammapalayam Village, Salem West Taluk & District belongs to the petitioner and issue separate patta in favour of the petitioner.

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2.The learned counsel appearing for the petitioner submitted that inspite of the petitioner's representation dated 20.09.2016, the respondents 2 & 3 have not measured, sub-divided and issued separate patta in respect of S.No.245/8. 3.Mr.A.N.Thambidurai, learned Special Government Pleader taking notice for the respondents submitted that the respondents 2 & 3 may be directed to measure, sub-divide and pass necessary orders for issuance of separate patta, after payment of necessary fees, in accordance with law.

4.Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for in the Writ Petition, without expressing any opinion with regard to the merits of the case, I direct the respondents 2 & 3, on payment of necessary charges, to consider the petitioner's representation dated 20.09.2016 for measuring and sub-dividing the petitioner's property in S.No.245/8, and pass orders on merits and in accordance with law for issuance of separate patta, within a period of four weeks from the date of receipt of a copy of this order.

5.With these observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// va Sub Assistant Registrar To 1.The District Collector, Collectorate, Salem District, Salem - 1.

2.The Tahsildar, Salem South Taluk Office, Suramangalam & Post, Salem District.

3.The Surveyor, Survey Section, Salem West Ward Office, Suramangalam Post, Salem Municipal Corporation, Salem District.

+1cc to Mr.A.Raja kumar, Advocate, S.R.No.39462 W.P.No.12517 of 2017 NR(CO) RS(09/06/2017) https://hcservices.ecourts.gov.in/hcservices/