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Madras High CourtWP/31471/2023disposed of

Manjula v. The District Collector

2023-11-02Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Manjula ... Petitioner Vs.

1. The District Collector Collector Office, Collectorate, Dharmapuri- 636705

2. The District Revenue Officer Collector Office, Collectorate, Dharmapuri - 636705

3. The Tahsildar Karimangalam Taluk Office Karimangalam Dharmapuri, D.T.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue writ of Mandamus directing the 3rd respondent to measure and subdivide the property and issue separate patta in the name of the petitioner comprised in Survey No.75/1 and New S.F.No.75/1B, situated at Karimangalam Village and Taluk, Dharmapuri District. 1/5

For Petitioner : Mr.V.R.Anna Gandhi For Respondents : Mr.P.Gurunathan Additional Government Pleader

ORDER

This Writ Petition is filed for a writ of Mandamus directing the 3rd respondent to measure and sub-divide the property and issue separate patta in the name of the petitioner comprised in Survey No.75/1 and New S.F.No.75/1B, situated at Karimangalam Village and Taluk, Dharmapuri District.

2.Today, when the matter was taken up for hearing, the learned counsel for the petitioner submitted that it would suffice if a direction is issued to the 3rd respondent to consider the representation of the petitioner. 3.Mr.P.Gurunathan, learned Additional Government Pleader who accepts notice for the respondents fairly conceded that no action has been taken on the petitioner's application.

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4. 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 3rd respondent to consider the representation of the petitioner dated 05.09.2023 if the petitioner is otherwise eligible and conduct enquiry and pass orders on merits and in accordance with law, after issuing notice and giving opportunity of hearing of all the interested parties as well as the rival claimants if any. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

02.11.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No 3/5

To

1. The District Collector Collector Office, Collectorate, Dharmapuri- 636705

2. The District Revenue Officer Collector Office, Collectorate, Dharmapuri - 636705

3. The Tahsildar Karimangalam Taluk Office Karimangalam Dharmapuri, D.T.

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P.VELMURUGAN. J.

Ksa-2 02.11.2023 5/5