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Madras High CourtWP/31545/2024disposed of

L.Palanisamy v. The District Collector

2024-10-28Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR L.Palanisamy ... Petitioner Vs.

1.The District Collector, Office of the Collectorate, Salem District.

2.The Tahsildar, Office of Tahsildar, Pethanaicken Palayam Taluk, Salem District.

3.The Head Surveyor, Office of Tahsildar, Pethanaicken Palayam Taluk, Salem District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 2nd and 3rd Respondent authorities to measure the petitioner's property and issue separate patta in favour of the petitioner after appropriate sub-division to the petitioner's property in Survey Nos.1138, 1139/1, 1140/1 to an total extent of about 6.01 1/3 acres of land in North Chinnakalvarayan, Pethanaicken Palayam Taluk, Salem District by 1/4

disposing of the petitioner's online application dated 31.08.2024 within such time stipulated by this Court.

For Petitioner : Mr.M.Sudhan For Respondents : Mr.P.Sathish Additional Government Pleader

ORDER

The petitioner herein seeks a direction to the Respondents to survey his property situated in Survey Nos.1138, 1139/1 and 1140/1 with an extent of 6.01 1/3 acres situated in North Chinnakalvarayan, Pethanaicken Palayam Taluk, Salem District, by considering his online application dated 31.08.2024.

2. It is the case of the petitioner that he acquired right over the above mentioned property under registered sale deed dated 17.11.2006 and later patta was also issued in the name of the petitioner. The petitioner submitted an online application on 31.08.2024 seeking survey of the above mentioned property, the same has not been considered. Hence, the petitioner has come before this Court.

3. The learned Additional Government Pleader who takes notice for the Respondents would submit that the online application of the petitioner will be considered on its own merits within the time fixed by this Court. 2/4

4. In view of the same, without going into the merits of the claim made by the petitioner, the 2nd Respondent is directed to consider the online application dated 31.08.2024 and pass final orders on its own merits within a period of 8 weeks from the date of receipt of a copy of this order after issuing notice to the petitioner and other interested parties.

5. Accordingly, the writ petition stands disposed of. No costs. 28.10.2024 Speaking (or) Non Speaking Order Index : Yes/ No mka To:

1.The District Collector, Office of the Collectorate, Salem District.

2.The Tahsildar, Office of Tahsildar, Pethanaicken Palayam Taluk, Salem District.

3.The Head Surveyor, Office of Tahsildar, Pethanaicken Palayam Taluk, Salem District.

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S. SOUNTHAR, J.

mka 28.10.2024 4/4