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Madras High CourtWP/26907/2017disposed of

Dharmalingam v. The District Collector

2017-10-13Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.26907 of 2017 Dharmalingam .. Petitioner vs 1.The District Collector, Cuddalore District, Cuddalore.

2.The Revenue Divisional Officer, Revenue Divisional Office, Virudhachalam.

3.The Tahsildar, Virudhachalam Taluk Office, Virudhachalam, Cuddalore District.

.. Respondents PRAYER: Writ petitions filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the third respondent to survey and measure the land in Su.Keenanur Village new natham S.No.185/8 on extent of 24 sq.ft., 185/9 an extent of 185 sq.ft., 185/12 an extent of 170 sq.ft., 185/13 an extent of 544 sq.ft. totally 954 sq.fts. and issue separate patta in the name of the petitioner. For Petitioner : Mr.R.Margabandhu For Respondents : Mr.R.Govindasamy for R1 to R3 Special Governemnt Pleader

O R D E R

Mr.R.Govindasamy, learned Special Government Pleader takes notice for respondents 1 to 3 and Mr.P.Srinivas, learned counsel takes notice for the fourth respondent. By consent of parties, the main writ petition itself is taken up for final disposal at the admission stage itself.

2.The petitioner seeks for a mandamus directing the third respondent to survey and measure the land in Su.Keenanur Village new natham S.No.185/8 on extent of 24 sq.ft., 185/9 an extent of https://hcservices.ecourts.gov.in/hcservices/

185 sq.ft., 185/12 an extent of 170 sq.ft., 185/13 an extent of 544 sq.ft. totally 954 sq.fts. and issue separate patta in the name of the petitioner.

3.The grievance of the petitioner is that even though the petitioner deposited fees to survey his land, his repeated request to survey and measure the subject land and issue separate patta, was not considered by the respondents. This Court, at this stage, is not expressing any view on the claim made by the petitioner, as it is for the respondents to consider and decide the same on its own merits and in accordance with law. Therefore, this writ petition is disposed of, only with a direction to the respondents to consider the representation of the petitioner dated 12.08.2017 and pass orders on the same on merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as the rival claimants if any. Such exercise shall be done by the respondents within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

-Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar To 1.The District Collector, Cuddalore District, Cuddalore.

2.The Revenue Divisional Officer, Revenue Divisional Office, Virudhachalam.

3.The Tahsildar, Virudhachalam Taluk Office, Virudhachalam, Cuddalore District.

+ 1 cc to The Government Pleader, Sr.No.74169 W.P.No.26907 of 2017 CO(KJI) VS 15/11/2017 https://hcservices.ecourts.gov.in/hcservices/