Madras High CourtWP(MD)/667/2023disposed of

Krishnammal v. The District Collector

2023-02-24Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Krishnammal ... Petitioner Vs 1.The District Collector, Office of the District Collector, Virudhunagar District.

2.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

3.The Tahsildar, Sivakasi Taluk Office, Sivakasi, Virudhunagar District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to make necessary corrections in the FMB, A Register in Virudhunagar District, Sivakasi Taluk, Mangalam Firika, Enjar Village Survey Nos. 1153/1A and 1153/1B and consequentially to issue Patta for Survey No. 1153/1A to an extent of 0.01.58 hectare and Survey No. 1153/1B to an extent of 0.01.27 hectares in the name of the petitioner and update the same in the online based on the corrected FMB 1/4

issued by the Surveyor by considering the representation made by the petitioner dated 18.11.2022 within a time frame as may be fixed by this Court. For Petitioner : Mr.P.Jessi Jeeva Priya For Respondents : Mr.M.Linga Durai Special Government Pleader

ORDER

Heard the learned counsel on either side.

2.The petitioner seeks issuance of patta for the petition mentioned lands. The petitioner relies on the judgment and decree dated 23.04.2018 made in S.A(MD)No.563 of 2008 (Krishnammal Vs Sahadevan & Others). 3.The learned counsel appearing for the petitioner states that even though opportunity was given to the respondents in the second appeal to file a suit, till date they have not done so. According to him, the issue has attained finality. I therefore direct the second respondent to consider the petitioner's representation dated 18.11.2022 and pass final order on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. The second respondent shall issue notice to the respondents in the second appeal before passing final order. I make it clear that 2/4

I have not gone into the merits of the matter. This writ petition is disposed of accordingly. There shall be no order as to costs. 24.02.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The District Collector, Office of the District Collector, Virudhunagar District.

2.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

3.The Tahsildar, Sivakasi Taluk Office, Sivakasi, Virudhunagar District.

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G.R.SWAMINATHAN, J.

MGA 24.02.2023 4/4