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Madras High CourtWP/27331/2022disposed of with direction

Sarpudeen v. The Project Officer

2022-10-13Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2022

CORAM:

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.No.27331 of 2022 Sarpudeen .Petitioner

Versus

1. The Project Officer, Kallakurichi District, Kallakurichi.

2. The Chief Surveyor, Thasildar Office, Ullundurpettai.

3. The District Collector, District Collector Office, Kallakurichi.

4. Mr.Palani ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the first and second respondent to dispose of the petitioner's representation dated 25.07.2022 to mark and measure the boundaries of petitioner's land in Survey No.65/7 unified patta No.397 Sembiyanmadevi Village, Ullundurpettai Taluk, Kallakurichi District and to issue and seperate patta for petitioner's land within the stipulated period and pass orders.

For Petitioner : Mr.K. Kumar For Respondents : Mr.U. Baranidharan, Additional Government Pleader

ORDER

This writ petition is filed seeking for a direction to the respondents to consider the representation dated 25.07.2022 made by the petitioner for conducting survey in his property and issue seperate patta to the petitioner.

2. The case of the petitioner is that the petitioner purchased the subject property and the same was registered vide Document No.413/2001 dated 22.03.2001 in Sub Registrar Office, Elavanasur, Kallakurichi District and he was in possession and enjoyment of the suit property. The property was never sub-divided. Hence the petitioner made a representation dated 25.07.2022 along with documents before the respondents requesting to survey the land of the petitioner and to issue seperate patta to the petitioner, but the same was not considered by the respondents. Hence this writ petition.

3. Since no adverse order is passed against the 4th respondent notice to 4th respondent dispensed with.

4. The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the respondents to consider the petitioner's representation dated 25.07.2022 and dispose of the same within a stipulated time that may be fixed by this Court.

5. Having regard to the limited scope of the prayer that is now sought for in this writ petition before this Court and taking into account the submissions made on either side, without expressing any opinion on the merits of the petitioner's representation, the Writ Petition is disposed of, with a direction to the first respondent to consider the petitioner's representation dated 25.07.2022 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner as well as aggrieved persons if any, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

13.10.2022 Index:Yes / No Speaking / Non-Speaking order smn

To

1. The District Collector Villupuram District Villupuram-605 602.

2. The Tahsildar Thiruvennainallur Taluk Villupuram District.

3. The Surveyor Thiruvennainallur Taluk Villupuram District.

M. DHANDAPANI, J.

smn W.P.No.27331 of 2022 13.10.2022