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Madras High CourtWP/17274/2019closed

G.Petha Srinivasa Reddy v. The District Collector

2021-03-08Honourable Mr Justice N. Seshasayee2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2021 CORAM : JUSTICE N.SESHASAYEE W.P.NO.17274 OF 2019 G.Petha Srinivasa Reddy ... Petitioner Vs.

1. The District Collector Krishnagiri District Krishnagiri.

2. The Revenue Divisional Officer Hosur 0- 635 109.

3. The Tahsildar Taluk Office Hosur - 635 109.

4. The Town Land Surveyor Municipal Office Hosur - 635 109.

5. Chinna Venkatasami Reddy ... Respondents (Impleaded vide Court order dated 25.07.2019 in WMP.No.17882/2019 by PDAJ) Prayer :

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the 3rd respondent herein to consider the petitioner's representation dated 13.05.2019 in accordance with law and within a stipulated period.

For Petitioner : Mr.K.Govi Ganesan For Respondents : Mr.S.N.Parthasarathi Government Advocate [R1 to R4]

ORDER

The petitioner seeks partition of a certain property by the Tahsildar, the third respondent herein, even as the suit for partition in O.S.No.338/2007 on the file of District Munsif Court, Hosur, is pending.

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2. The counter has been filed, supporting which, Mr.S.N.Parthasarathi, learned Government Advocate who appeared for respondents 1 to 3, made a statement that since the partition suit is pending, it will be inappropriate for the Tahsildar to survey the property.

3. Reasoning of the Tahsildar is well founded. A partition suit is pending and it is appropriate that the petitioner waits till the partition suit is disposed of, and the decree therein passed has attained finality, before seeking survey of the land where the partition suit is still pending.

4. The petition is pre-mature and accordingly, it is closed. No costs.

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

1. The District Munsif Court, Hosur.

2. The District Collector Krishnagiri District Krishnagiri.

3. The Revenue Divisional Officer Hosur 0- 635 109.

4. The Tahsildar Taluk Office Hosur - 635 109.

5. The Town Land Surveyor Municipal Office Hosur - 635 109.

+1cc to Mr.K.Govi Ganesan, Advocate, S.R.No.14648 +1cc to the Government Pleader, S.R.No.14822 W.P.No.17274 of 2019 PMK(CO) CS/29/03/2021 https://hcservices.ecourts.gov.in/hcservices/