S.Syed Akbar, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 18.01.2019
CORAM
THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P. No.17167 of 2018 S.Syed Akbar ... Petitioner Vs.
1. The District Collector, Collectorate Office, Villupuram District.
2. The Revenue Divisional Officer, Kallakurichi, Villupuram District.
3. The Tahsildar, Taluk Office, Sankarapuram Taluk, Sankarapuram, Villupuram District.
4. The Head Surveyor, Sankarapuram Taluk Office, Sankarapuram, Villupuram District.
5. The Block Development Officer, Sankarapuram Panchayat Union, Sankarapuram, Villupuram District. ... Respondents PRAYER : Writ Petitions filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to rectify the errors in the sub-division of Survey No.108/2A, which is classified as Village Road in the FMB sketch and village accounts and issue the subdivision patta for the lands measuring an extent of 24 cents out of 1 acre 22 cents Sankarapuram comprised in Survey No.108/2 of Kaatuvananjur Village, Sankarapuram Taluk, Villupuram District as per boundaries mentioned in the Sale Deed dated 02.07.1982 registered as Document No.1470/1982 on the file of Sub Registrar based on the petitioner's representation dated 21.08.2017.
For Petitioner : Mr.R.Bharath Kumar For Respondents: Mr.V.Shanmugasundar Special Government Pleader
O R D E R
The petitioner has filed this Writ Petition seeking a direction to the respondents 1 to 3 to rectify the errors in the sub-division of Survey No.108/2A, which is classified as Village Road in the FMB sketch and village accounts and issue the subdivision patta for the lands measuring an extent of 24 cents out of 1 acre 22 cents Sankarapuram comprised in Survey No.108/2 of Kaatuvananjur Village, Sankarapuram Taluk, Villupuram District as per boundaries mentioned in the Sale Deed dated 02.07.1982 registered as Document No.1470/1982 on the file of Sub Registrar based on his representation dated 21.08.2017.
2. According to the learned counsel for the petitioner, the petitioner has submitted representations dated 14.11.2014 and 21.08.2017 to the respondents 1 to 3 to grant sub-division patta in his favour after rectifying the errors occurred in FMB and village records with regard to survey No.108/2, but, the same is yet to be disposed of by the respondents 1 to 3. Hence, the petitioner is before this Court.
3. Heard Mr.R.Bharath Kumar, learned counsel appearing for the petitioner and Mr.V.Shanmugasundar, learned Special Government Pleader appearing for the respondents.
4. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the third respondent to consider the petitioner's representation dated 21.08.2017 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and the persons interested in this regard and also affording them due opportunity of personal hearing, within a period of eight weeks from the date of receipt of a copy of this order.
5. With the above directions, this writ petition is disposed of. No costs.
Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar
rsi To
1. The District Collector, Collectorate Office, Villupuram District.
2. The Revenue Divisional Officer, Kallakurichi, Villupuram District.
3. The Tahsildar, Taluk Office, Sankarapuram Taluk, Sankarapuram, Villupuram District.
4. The Head Surveyor, Sankarapuram Taluk Office, Sankarapuram, Villupuram District.
5. The Block Development Officer, Sankarapuram Panchayat Union, Sankarapuram, Villupuram District.
+1cc Mr.R.Bharathkumar, Advocate Sr.3930 W.P. No.17167 of 2018 srg 14/02/2019