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Madras High CourtWP/22997/2018disposed of

R.Natarajan, v. The District Collector,

2018-09-19Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.22997 of 2018 R.Natarajan ..Petitioner Vs 1.The District Collector, Dharmapuri District, Dharmapuri.

2.The Revenue Divisional Officer, Dharmapuri Revenue Division, Dharmapuri.

3.The Tahsildar, Pennagaram Taluk, Pennagaram, Dharmapuri District.

4.The Taluk Head Surveyor, Pennagaram Taluk, Pennagaram, Dharmapuri District.

5.The Block Development Officer, Pennagaram Panchayat Union, Pennagaram, Dharmapuri District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus, directing the respondents 3 and 4 to survey and demarcate the lands in S.Nos.612, 591 and 655 of Thonnakuttahalli Revenue Village, Pennagaram Taluk, Dharmapuri District and also issue separate patta based on the application of the petitioner dated 19.04.2018.

For Petitioner : Mr.M.R.Jothimanian For Respondents: Mr.V.Jayaprakash Narayanan Special Government Pleader for R1 to R4 Mr.N.Sakthivel for R5

O R D E R

The prayer sought for in this writ petition is for a mandamus, directing the respondents 3 and 4 and issue separate patta based on the application of the petitioner dated 19.04.2018.

2. The learned counsel for the petitioner submitted that the petitioner has submitted an application dated 19.04.2018 to the respondents 3 and 4 to survey and demarcate the lands in S.Nos.612/1, 591/4 and 655 at Thonnakuttahalli Revenue Village, Pennagaram Taluk, Dharmapuri District, but, the same was not considered. Hence, he made a representation dated 24.04.2018 to the first respondent and the same was forwarded to the District Land Surveyor, Dharmapuri, who, in turn directed the fourth respondent to take steps on the application of the petitioner. However, the same was not considered by the respondents 3 and 4 till date. Hence, the petitioner is before this Court.

3. The learned Special Government Pleader appearing for the respondents 1 to 4, on instructions, submitted that the application of the petitioner would be considered on merits and in accordance with law.

4. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court, without going into the merits of the case, directs the respondents 3 and 4 to consider the application of the petitioner dated 19.04.2018 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as all the necessary parties, within a period of six weeks from the date of receipt of a copy of this order.

5. With the above direction, the writ petition stands disposed of. However, there shall be no order as to costs. -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar ms

To 1.The District Collector, Dharmapuri District, Dharmapuri.

2.The Revenue Divisional Officer, Dharmapuri Revenue Division, Dharmapuri.

3.The Tahsildar, Pennagaram Taluk, Pennagaram, Dharmapuri District.

4.The Taluk Head Surveyor, Pennagaram Taluk, Pennagaram, Dharmapuri District.

5.The Block Development Officer, Pennagaram Panchayat Union, Pennagaram, Dharmapuri District.

+1 CC to Govt. Pleader sr 65530.

+1 CC to Mr.M.R. Jothimanian, Advocate sr 64873. W.P.No.22997 of 2018 SPD(CO) SP(24/10/2018)