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Madras High CourtWP/37558/2015disposed of

P. Nagappan, v. The Tahsildar,

2015-11-25Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2015

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.No.37558 of 2015 1.P.Nagappan 2.P.Ramachandran 3.P.Dillibaskar ..

Petitioners Vs.

1. The Tahsildar, Tiruvallur Taluk and District.

2. The Taluk Head Surveyor, O/o. the Tahsildar, Tiruvallur Taluk and District. .. Respondents Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to consider the petitioners' representation dated 04.06.2015 and thereby direct the respondents to measure the petitioners' property situate at Natham Land in Old Survey No.138/1, New Survey No.138/2 Part, 138/6 Part, 138/7 Part, 138/8 Part and 138/9, No.89, Perumalpattu Village, Tiruvallur Taluk and District totally to an extent of 8.7 cents and issue a patta in the names of the petitioners' in respect of the above addressed property. For Petitioners : Mr.M.V.Muralidaran For Respondents : Mr.Digvijay Pandian, Additional Government Pleader

ORDER

By consent of both parties, the present writ petition is taken up for final disposal at the admission stage itself.

2. The petitioners have made a representation earlier on 19.02.2015, seeking cancellation of joint patta with respect to the Natham Land in Old Survey No.138/1, New Survey No.138/2 Part, 138/6 Part, 138/7 Part, 138/8 Part and 138/9, No.89, Perumalpattu Village, Tiruvallur Taluk and District, with the consequential prayer for issuance of separate patta. The petitioners have made the said request based upon the Civil Court decree and on receipt of the same, the Personal Assistant to the District Collector, Tiruvallur District, by proceedings No.O.Mu.4396/2015/A3 dated 05.03.2015, directed the first respondent to look into the same and take appropriate action. It was followed by another letter dated 27.05.2015, which has been https://hcservices.ecourts.gov.in/hcservices/

sent based on the subsequent representation of the petitioners dated 19.05.2015. As no action is forthcoming even thereafter, the present writ petition has been filed.

3. Considering the above, the first respondent is directed to pass appropriate orders on the letters dated 05.03.2015 and 27.05.2015 sent by the Personal Assistant to the District Collector, on merits and in accordance with law, within a period of eight weeks, from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioners as well as the third parties, if any.

4. With the above direction, the present Writ Petition is disposed of. No costs.

ogy/dn Sd/- Assistant Registrar (Judicial) /True Copy/ Sub-Assistant Registrar To

1. The Tahsildar, Tiruvallur Taluk and District.

2. The Taluk Head Surveyor, O/o. the Tahsildar, Tiruvallur Taluk and District.

+1 C.C. To MR.M.V.Muralidharan, Advocate in SR.NO.64354 +1 C.C. To Government Pleader in SR.NO.64179 W.P.No.37558 of 2015 AK(CO) sd : 09/12/2015 https://hcservices.ecourts.gov.in/hcservices/