R.Sakkubai v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.11.2023 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN R.Sakkubai ... Petitioner Vs.
1. The District Collector Krishnagiri Krishnagiri District
2. The Revenue Divisional Officer Krishnagiri Krishnagiri District
3. The Tahsildar Bargur Taluk Krishnagiri District
4. P.R.Sanmurthy ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the respondents 1 to 3 to make necessary sub-division over the lands to an extent of 0.81.0 Hectares bearing Survey No.380/1A2A in Puligunda Village, Bargur Taluk, Krishnagiri District along with 1/4th Common right all within well defined boundaries and issue separate computerized patta in the name of the petitioner alone by considering the petitioner's representation dated 29.09.2023, within a time frame as may be fixed by this Court.
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For Petitioner : K.K.N.Ganeshan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader for R1 to R3
ORDER
This Writ Petition is filed seeking to issue a writ of Mandamus directing the respondents 1 to 3 to make necessary sub-division over the lands to an extent of 0.81.0 Hectares, bearing Survey No.380/1A2A, in Puligunda Village, Bargur Taluk, Krishnagiri District, along with 1/4th Common right, all within well defined boundaries and issue separate computerized patta in the name of the petitioner alone by considering the petitioner's representation dated 29.09.2023, within a time frame as may be fixed by this Court.
2. Mr.Yogesh Kannadasan, learned Special Government Pleader, who takes notice for the respondents 1 to 3, submitted that the respondents 1 to 3 may be directed to consider the petitioner's representation dated 29.09.2023 within a stipulated time.
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3. Heard and perused the materials available on record.
4. It is seen that the 4th respondent has got right in the will alone. Since no adverse order is passed against the 4th respondent herein, notice to the 4th respondent is dispensed with.
5. The petitioner has stated several histories in his representation as well as in the affidavit which are not necessary to decide this writ petition.
6. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the respondents 1 to 3 to consider the petitioner's representation dated 29.09.2023 and conduct enquiry in the manner known to law after giving notice to the petitioner as well as the 4th respondent herein, adjacent land owners of four boundaries of the petitioner's land and interested parties/rival claimants, if any and pass orders on merits and in accordance with law. The said exercises shall be completed within 3 months from the date of receipt of a copy of this order.
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7. With the above directions, the Writ Petition is disposed of at the admission stage itself. There shall be no order as to the costs. 27.11.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No 4/6
To
1. The District Collector Krishnagiri Krishnagiri District
2. The Revenue Divisional Officer Krishnagiri Krishnagiri District
3. The Tahsildar Bargur Taluk Krishnagiri District 5/6
P.VELMURUGAN. J.
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