Lathif v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.30049 of 2024 Lathif

...Petitioner

Vs.

1. The District Collector, Kallakurichi,

2. The Revenue Divisional Officer, Kallakurichi,

3. The Tahsildar, Ulundurpet,

4. The Surveyor, Ulundurpet,

5. The Firca Surveyor, 1/6

6. The Revenue Inspector,

7. The Village Administrative Officer,

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 3 and 4 to make necessary steps to survey the land in respect of Survey No.212/10 to the extend of 73 Ares in Kallipatti Village, Sankarapuram, in consideration of representation submitted by the petitioner dated 27.08.2024 to respondents within a time frame to be fixed by this Court. For Petitioner : Mr.S.Sarath Chandran For Respondents : Mr.S.J.Sathik Mohamed for R1 to R7 Government Advocate

O R D E R

The petitioner herein seeks a direction to the first respondent to consider his representation dated 27.08.2024 seeking survey of the land and issuance of separate patta in respect of the property situated in S.No.212/10 2/6

with an extent of 73 ares at Kallipatti Village, Sankarapuram Taluk,

2. It is the case of the petitioner that the above mentioned property originally belonged to his father Jalal Shaibu his sons Shiek Tasthaka, Sheik Lathif, Kowshik and Sheik Meeran and after death of his father, the petitioner and his brothers have been in possession and enjoyment of the same. The petitioner submitted online application on 19.08.2024 in Application No.2024/0105/33/504828 seeking survey of the land and transfer of patta in the name of the petitioner and his brothers and the same has not been considered. Hence, the petitioner is before this Court.

3. Mr.S.J.Sathik Mohamed, learned Government Advocate, who takes notice for the respondents 1 to 3 would submit that earlier an order was passed by the second respondent in his proceedings in g/K/m/-3256-2022 dated 06.12.2022 in the representation submitted by Sheik Tasthakar and the present representation of the petitioner will be considered in the light of the order passed by the second respondent on 06.12.2022, within a time frame fixed by this Court.

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4. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the third respondent to consider the representation of the petitioner dated 27.08.2024 in the light of the order passed by the second respondent dated 06.12.2022 in his proceedings in g/K/m/-3256-2022 and pass final order, on its own merits, within a period of 8 weeks from the date of receipt of copy of this order, after issuing necessary notice to the petitioner and other interested parties.

5. With the above direction, this Writ Petition is disposed of. No costs.

15.10.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna 4/6

To

1. The District Collector, Kallakurichi,

2. The Revenue Divisional Officer, Kallakurichi,

3. The Tahsildar, Ulundurpet,

4. The Surveyor, Ulundurpet,

5. The Firca Surveyor,

6. The Revenue Inspector,

7. The Village Administrative Officer, 5/6

S.SOUNTHAR , J.

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