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Madras High CourtWP/22303/2024dismissed

Durai v. The District Collector

2024-08-06Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Durai ... Petitioner vs.

1.The District Collector, Office of District Collector, Kallakuruchi District.

2.The Head Surveyor, Office of Thasildhar, Chinna Salem Taluk, Kallakuruchi District.

3.The Thasildhar, Office of Thasildhar, Chinna Salem Taluk, Kallakuruchi District.

4.The Village Administrative Officer, Village Administrative Office, Koogaiyur Village, Chinna Salem Taluk, Kallakuruchi District.

5.Mayakannan 6.Jeyaraman ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of 1/4

India, to issue a Writ of Mandamus, directing the respondents nos. 1 to 4, to consider the petitioner's representation dated 02.05.2024, rectify the sketch pertains to the petitioner's property comprised in Survey No.195/2 at Koogaiyur Village, Chinna Salem Taluk, Kallakuruchi District based on earlier records and documents within the time frame as may be fixed by this Court.

For Petitioner : Mr.T.Padmanabhan For R1 to R4 : Mr.Krishna Raja Additional Government Pleader

O R D E R

The petitioner herein seeks a direction to the respondents 1 to 4 to consider his representation dated 02.05.2024 to rectify the sketch pertains to the petitioner's property comprised in Survey No.195/2 situated at Koogaiyur Village, Chinna Salem Taluk, Kallakuruchi District.

2. A perusal of the representation filed by the petitioner in the typedset of papers dated 02.05.2024 would suggest there is a dispute between the petitioner and the respondents 5 and 6 and in respect of the dispute, the petitioner already laid a civil suit in O.S.No.113 of 2023 on the file of the Additional District Munsif Court, Kallakurichi and the same is pending disposal. In these circumstances, the petitioner submitted a representation to 2/4

the respondents dated 02.05.2024 requesting them not to give patta to the respondents 5 and 6 in respect of the property purchased by them from one Kaliyan son of Palani, who is entitled to half of the extent in the suit survey number.

3. When the petitioner already approached the Civil Court to establish his right in O.S.No.113 of 2023, it is for him to work out his remedy before the Civil Court and therefore, the request made by the petitioner in his representation that patta shall not be granted in favour of respondents 5 and 6 based on the Sale Deed obtained by them from one Kaliyan son of Palani cannot be entertained. However, it is made clear the petitioner can work out his remedy before the Civil Court in the pending suit.

4. Accordingly, the Writ Petition is dismissed. No costs. 06.08.2024 Index :Yes/No Speaking order :Yes/No :Yes/No dm 3/4

S.SOUNTHAR, J.

dm To 1.The District Collector, Office of District Collector, Kallakuruchi District.

2.The Head Surveyor, Office of Thasildhar, Chinna Salem Taluk, Kallakuruchi District.

3.The Thasildhar, Office of Thasildhar, Chinna Salem Taluk, Kallakuruchi District.

4.The Village Administrative Officer, Village Administrative Office, Koogaiyur Village, Chinna Salem Taluk, Kallakuruchi District.

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