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Madras High CourtWP/9761/2022disposed of

R.Gomathi v. The District Collector

2022-04-22Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.9761 OF 2022 R.Gomathi ... Petitioner Vs

1. The District Collector, Tiruvannamalai, Tiruvannamalai District.

2. The Revenue Divisional Officer, Cheyyar, Tiruvannamalai District.

3. The Tahsildar, Taluk Office, Arani Taluk, Tiruvannamalai District.

... Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the third respondent to survey and to fix boundary stones and make sub division of lands in Punja Survey No.150/7, new sub-divided Survey No.150/7A, 150/7B, vacant land, to an extent of 3534 sq.ft. and land in punja Survey No.150/7 and new sub-divided Survey Nos.150/7A, 150/7B to an extent of 6760 sq.ft in Paiyur Village, Arani Taluk, Tiruvannamalai District and issue separate patta in favour of the petitioner, based on the online application of the petitioner dated 31.01.2022. For Petitioner : Mr.Durai Gunasekaran For Respondents : Mr.A.Anandan Government Advocate

ORDER

This writ petition has been filed to issue a Writ of Mandamus, directing the third respondent to survey and to fix boundary stones and make sub division of lands in Punja Survey No.150/7, new sub-divided Survey No.150/7A, 150/7B, vacant land, to an extent of 3534 sq.ft. and in punja Survey No.150/7 and new sub-divided Survey Nos.150/7A, 150/7B to an extent of 6760 sq.ft in Paiyur Village, Arani Taluk, Tiruvannamalai District and issue separate patta in favour of the petitioner, based on the online application of the petitioner dated 31.01.2022. 2.

Mr.A.Anandan, learned Government Advocate takes notice for the respondents. In view of the limited relief sought for in this petition, on the consent expressed by the Learned counsel appearing for either side, taken up for final disposal. 3.

The case of the petitioner is that, the petitioner is the owner of the lands in Punja Survey No.150/7, new sub-divided Survey No.150/7A, 150/7B, vacant land, to an extent of 3534 sq.ft. and in punja Survey No.150/7 and new sub-divided Survey Nos.150/7A, 150/7B to an extent of 6760 sq.ft in Paiyur Village, Arani Taluk, Tiruvannamalai District. The petitioner made a representation to the third respondent, dated 31.01.2022, to survey the subject property and to issue separate patta in favour of the petitioner. The petitioner had also paid the requisite fees to survey the subject properties. However, till date no order has been passed on the same. Hence, this present petition is filed.

4.

Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the third respondent to consider the petitioner's representation, dated 31.01.2022, to survey the disputed properties, within a particular time frame fixed by this Court.

5.

The learned Government Advocate has no objection for said order being passed.

6.

In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the third respondent to consider the petitioner's representation, dated 31.01.2022 and after affording an opportunity of hearing to the petitioner and aggrieved parties, pass orders to survey the properties in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

7.

With the above direction, this writ petition is disposed of. No order as to costs.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar mn To

1. The District Collector, Tiruvannamalai, Tiruvannamalai District.

2. The Revenue Divisional Officer, Cheyyar, Tiruvannamalai District.

3. The Tahsildar, Taluk Office, Arani Taluk, Tiruvannamalai District.

+1cc to Mr.Durai Gunasekaran, Advocate, S.R.No.27617 +1cc to the Government Pleader, S.R.No.28372 WP.No.9761 of 2022 SR(CO) RLP(02/05/2022)