Akbar v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.12.2018

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.33732 of 2018 Akbar .. Petitioner Vs.

1. The District Collector, District Collectrote, Villupuram District.

2. The Revenue Divisional officer, Revenue Divisional office, Kallakurichi & Taluk, Villupuram District.

3. The Tahsildar, Sangarapuram & Taluk, .. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the third respondent to consider the petitioner''s application dated 19.11.2018 and issue separate patta in favour of the petitioner based on the measurement plan given by the Revenue Firka Surveyor, with regard to the land in survey No.218/1, 1A, in Sankarapuram, 53/2A, 54/12 at Kattuvannanjur Village, Sangarapuram Taluk, Villupuram District and demarcate the same within the time frame fixed by this Court. For Petitioner : Mr.V.Gunasekar For Respondents : Mr.S.Sureshkumar Government Advocate

O R D E R

By consent of both parties, the Writ petition is taken up for final disposal at the admission stage itself. 2.

The petitioner has come up with this Writ Petition seeking a direction to the third respondent to consider his application dated 19.11.2018 and issue separate patta in his favour based on the measurement plan given by the Revenue Firka Surveyor, with regard to the land in survey No.218/1, 1A, in

Sankarapuram, 53/2A, 54/12 situated at Kattuvannanjur Village, Sangarapuram Taluk, Villupuram District and demarcate the same. 3.

According to the learned counsel for the petitioner, the petitioner has submitted an application on 19.11.2018 to the third respondent along with all documents to measure the land and he has also paid necessary fees for the same. On receipt of the said application, the third respondent directed the Revenue Firka Surveyor to measure the property. Accordingly, the Revenue Firka Surveyor measured the property and sent a demarcated plan. Accordingly, a report was also filed by the Firka Surveyor to the third respondent. Since the third respondent has not taken any steps to issue separate patta in his favour, the petitioner is before this Court for the relief stated supra. 4.

Heard Mr.S.Sureshkumar, learned Government Advocate on behalf of the respondents.

5.

Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the third respondent to consider the petitioner's application 19.11.2018 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of six weeks from the date of receipt of a copy of this order.

6.With the above directions, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar srn/av To

1. The District Collector, District Collectrote,

2. The Revenue Divisional officer, Revenue Divisional office, Kallakurichi & Taluk,

3. The Tahsildar, Sangarapuram & Taluk, +1cc to Mr.V.Gunasekar, Advocate sr.no.88576 +1cc to Government Pleader sr.no.89506 W.P.No.33732 of 2018 nr 09/01/2019