K.Palaniswamy v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 22.06.2016
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.21031/2016 1.K.Palaniswamy 2.K.Arumugasami 3.K.Selvaraj 4.S.Saraswathi 5.N.Kannammal 6.K.Ganasundari 7.S.Amsaveni 8.K.Thangammal ..Petitioners
Versus
1.The District Collector O/o.The District Collector Coimbatore District.
2.The Tahsildar Annur Taluk, Coimbatore District.
3.The Sub-Surveyor Annur, Annur Taluk Coimbatore District.
..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the 2nd and 3rd respondents to subdivide and demarcate the land in Survey Nos.381-2, 382-2, 377, 378/1, 367/1, 379/1A, 386/1B situated at A.Mettupalayam Village, Annur Taluk, Coimbatore District by install the patio stone as per the partition deed document No.4539/2014 dated 10.03.2014 and issue separate patta in favour of the petitioners based on the petitioner's application No.2015/0105/12/000353 dated 11.12.2015.
For Petitioners : Mr.E.Sathiyaraj For Respondents : Mr.S.Navaneethan, AGP
ORDER
By consent, the writ petition is taken up for final disposal.
The petitioners claim right, title and possession in respect of the following properties:- Sl.No.
PATTA SURVEY NO.
EXTENT [HECTOR] 381/2 0.87.00 382/2 0.18.50 386/1B 1.96.00 1.52.50 378/1 0.32.50 367/1 2.50.00 379/1A 0.85.50 by way of registered Partition Deeds bearing Document Nos.4539/2014 and 4540/2014 dated 10.03.2014, registered on the file of the Sub Registrar, Annur Taluk. It is stated by the petitioners that on 11.12.2015, an application was submitted by them to the 2nd respondent for measuring the said properties and also install boundary stones and to issue separate patta. It was also followed by a reminder dated 25.05.2016 and since no orders have been passed, they came forward to file the present writ petition.
Heard the learned counsel for the petitioner and Mr.S.Navaneethan, learned Additional Government Pleader who accepts notice on behalf of the respondents.
Though the petitioners have prayed for a larger relief, this Court, in the light of the facts and circumstances and without going into the merits of the claim projected by the petitioners, directs the respondents 2 and 3 to consider and dispose of the petitioners' representation dated 11.12.2015 and the reminder dated 25.05.2016 on merits and in accordance with law, after putting on notice the person/s concerned and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners as well as to the person[s] concerned.
The writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar(V) //True Copy// Sub Assistant Registrar AP
To 1.The District Collector O/o.The District Collector Coimbatore District.
2.The Tahsildar Annur Taluk, Coimbatore District.
3.The Sub-Surveyor Annur, Annur Taluk Coimbatore District.
+1cc to M/s. E. Sathiyaraj, Advocate, S.R.No.34688 +1cc to the Government Pleader, S.R.No.34887 ALA(CO) EU(06/07/2016) W.P.No.21031/2016