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Madras High CourtWP/27664/2022disposed of

M.Ekamparam v. The District Collector

2022-10-17Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2022

CORAM:

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.No.27664 of 2022 M. Ekamparam .Petitioner

Versus

1. The District Collector, Chengalpattu District, Chengalpattu.

2. The Revenue Divisional Collector, Madhurandhagam, Chengalpattu District.

3. The Tahsildar, Madhurandhagam, Chengalpattu District.

4. P. Mari ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the first and third respondents to survey petitioner's land in Patta No.272, Survey No.120/1A extent of 092.0 Acres and Survey No.120/2A extent of 0.27.0 Acres, Latchumipuam, Veppankaranai Madhura, Pallavaram Taluk Madhurandhagam Taluk, Chengalpattu District by considering petitioner's representation dated 10.08.2022 within the time frame and pass orders.

For Petitioner : Mr.G. Punniakoti 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 10.08.2022 made by the petitioner for conducting survey in his property.

2. The case of the petitioner is that the petitioner inherited the subject property from his father and the same was registered vide Document No.6083/2007 dated 13.07.2007 in Sub Registrar Office, Thellar and he was in possession and enjoyment of the suit property. The property was never sub-divided. Hence the petitioner made a representation dated 10.08.2022 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 10.08.2022 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 respondents to consider the petitioner's representation dated 10.08.2022 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.

17.10.2022 Index:Yes / No Speaking / Non-Speaking order smn

To

1. The District Collector, Chengalpattu District, Chengalpattu.

2. The Revenue Divisional Collector, Madhurandhagam, Chengalpattu District.

3. The Tahsildar, Madhurandhagam, Chengalpattu District.

M. DHANDAPANI, J.

smn W.P.No.27664 of 2022 17.10.2022