Madras High CourtWP(MD)/1054/2021disposed of

Swaminathan.O.S.T.S v. The Director Collector

2021-02-19Honourable Mr Justice V. Parthiban3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2021

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.1054 of 2021 O.S.T.S.Swaminathan .. Petitioner vs 1.The District Collector, Sivagangai District.

2.The District Revenue Officer, 3.The Revenue Divisional Officer, 4.The Tahsildar, Kalayarkovil Taluk, .. Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents herein, more particularly 4th respondent herein to effect and transfer of patta No.295 for Natham Survey No.496/6 old No.332/Pt, classified as ryatwari house site in Kollangudi Group, Sivagangai, standing in the name of petitioner's father late Thenappa Chettiar into the name of the petitioner as per the partition deed dated 04.05.1951 allotting to the petitioner as item-1 in C-Schedule.

For Petitioner : Mr.S.Srinivasa Raghavan For Respondents : Mr.A.Thiyagarajan Government Advocate

ORDER

When the matter is taken up for hearing today, Mr.A.Thiagarajan, learned Government Advocate appearing for the respondents would submit that as far as the claim sought in this writ petition is concerned, the same could not be complied with for the reason that there is no proper description of the boundaries of the subject property.

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2.At this, learned counsel appearing for the petitioner would submit that the petitioner may be permitted to file a fresh application with correct description of the boundaries of the subject property and the authority concerned may be directed to consider the application to be submitted by the petitioner within the time stipulated by this Court.

3.In the light of the above, the Writ Petition stands disposed of with a direction as under:- The petitioner is directed to submit a fresh application with correct description of the boundaries of the subject property to the 4th respondent / the Tahsildar, Kalayarkovil Taluk, Sivagangai, within a period of one week from the date of receipt of a copy of this order and on receipt of the application from the petitioner, the 4th respondent is directed to pass appropriate orders on merits and in accordance with law within a period of four weeks thereafter.

4.No costs.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) mm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, Sivagangai District.

2.The District Revenue Officer, 3.The Revenue Divisional Officer, 2/3

4.The Tahsildar, Kalayarkovil Taluk, +1 CC to M/s.S.SRINIVASA RAGHAVAN, Advocate ( SR-6401[F] dated 22/02/2021 ) 19.02.2021 KUN(CO) TR(04.03.2021) 3P 6C 3/3