Ramanayakkanpatti Kchatrya Nadar Uravinnmuraiku Kattupatta Bathrakaliyamman Kovil Trust v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.S. SUNDAR Ramanayakkanpatti Kchatrya nadar Uravinmuraiku Kattupatta Bthrakaliyamman Kovil Trust rep. through the Secretary Ramanayakkanpatti, Chettikurichi (PO) Aruppukottai Taluk, Virudhunagar District.
.. Petitioner Vs.
1.The District Collector, Virudhunagar District.
2.The Tahsildar, Taluk Office, Aruppukottai, Virudhunagar District.
3.Head Surveyor (DIS) Taluk Officer, Aruppukottai, Virudhunagar District.
.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondents to consider the representation, dated 09.11.2019 made to the respondents to conduct survey to measures the property through surveyor as per Tamil Nadu Survey and Boundaries Act, 1923 and to demarcate to survey our patta land situated at Patta No.1479, to an extent of 169 sq. meter land in survey No.1269/5 in Chettykurichi Village, Aruppukottai Taluk, Virudhunagar District within the time fixed by this Court.
For Petitioner : Mr.R.Manoharan For Respondents : Mr.A.Thiyagarajan Government Advocate
ORDER
Mr.A.Thiyagarajan, learned Government Advocate takes notice for the respondents.
1/3
2. By consent of both parties, the writ petition is taken up for disposal at the admission stage itself.
3. This Writ petition has been filed by the petitioner praying for issuance of a Writ of Mandamus, directing the respondents to consider the representation, dated 09.11.2019 made to the respondents to conduct survey to measures the property through surveyor as per Tamil Nadu Survey and Boundaries Act, 1923 and to demarcate to survey our patta land situated at Patta No.1479, to an extent of 169 sq. meter land in survey No.1269/5 in Chettykurichi Village, Aruppukottai Taluk, Virudhunagar District within the time fixed by this Court.
4.The petitioner has produced before this Court, the order passed by the Thasildar, directing transfer of patta in respect of the property for an extent of 196 sq. meter in S.No.1269/5 in Chettykurichi Village.
5.Having regard to the limited scope of the prayer in the writ petition, without expressing any opinion on merits of the petitioner's case in the representation, this Court is inclined to issue the following direction.
The second respondent is directed to consider the representation of the petitioner, dated 09.11.2019 regarding survey and measurement of the property after giving sufficient opportunity to the petitioner and any one who may have interest as per revenue records and pass appropriate orders on merits and in accordance with law within a period of six wees from the date of receipt of copy of this order.
6.With the above direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) TM 2/3
To 1.The District Collector, Virudhunagar District.
2.The Tahsildar, Taluk Office, Aruppukottai, Virudhunagar District.
3.Head Surveyor (DIS) Taluk Officer, Aruppukottai, Virudhunagar District.
+1 CC to M/s.R.MANOHARAN, Advocate ( SR-396[F] dated 06/01/2020 ) +1 CC to M/s.SPL.GP ( SR-689[F] dated 08/01/2020 ) 06.01.2020 KK/SAR/28.01.2020/3P-6C 3/3