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Madras High CourtWP(MD)/1830/2022dismissed

Kumaresan.P v. The District Collector

2022-11-21Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN P.Kumaresan : Petitioner Vs 1.The District Collector, Office of the District Collector, Ramanathapuram District.

2.The Tahsildar, Kadaladi Taluk, Kadaladi, Ramanathapuram District.

3.The Taluk Head Surveyor, Kadaladi Taluk, Kadaladi, Ramanathapuram District.

4.A.Kuriya Pillai 5.A.Muthukamatchi 6.K.Sundaramahalingam 7.K.Ayyanakumar R4 to R7 are impleaded as per the order of this Court, dated 31.10.2022 in W.M.P.(MD).No.3052 of 2022.

: Respondents 1/4

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to survey, demarcate and issue separate patta to the petitioner, in respect of the property situated in Kadaladi Taluk, Kadaladi Town, S.No.84/13D1A in Patta No.1185 to an extent of 13 1⁄4 cents, based on his application dated 13.12.2021 in application No.2021/9005/27/299576/1213 and as per the documents.

For Petitioner : Mr.N.S.Karthikeyan For R1 to R3 : Mr.C.Satheesh Government Advocate For R4 : Mr.Babu Rajendran

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to survey, demarcate and issue separate patta to the petitioner, in respect of the property situated in Kadaladi Taluk, Kadaladi Town, S.No.84/13D1A in Patta No.1185 to an extent of 13 1⁄4 cents, based on his application dated 13.12.2021 in application No.2021/9005/27/299576/1213 and as per the documents.

2. When the matter is taken up for hearing today, the learned Government Advocate appearing for the respondents 1 to 3 would submit that already there 2/4

is a civil dispute pending between the parties in respect of the property in S.No. 84/13D1A in Patta No.1185 situated at Kadaladi Taluk, Kadaladi Town.

3. In view of the above, this Writ Petition is dismissed. However, liberty is given to the parties to approach the competent civil Court for establishing their rights. No costs.

21.11.2022 akv To 1.The District Collector, Office of the District Collector, Ramanathapuram District.

2.The Tahsildar, Kadaladi Taluk, Kadaladi, Ramanathapuram District.

3.The Taluk Head Surveyor, Kadaladi Taluk, Kadaladi, Ramanathapuram District.

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V.BHAVANI SUBBAROYAN, J.

akv W.P.(MD)No.1830 of 2022 21.11.2022 4/4