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Madras High CourtWP(MD)/2484/2024disposed of

Shahaya Dhanaseeli.S v. The District Collector

2024-02-07Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 07.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.2484 of 2024 S.Shahaya Dhanaseeli

...Petitioner

/Vs./ 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Cheranmadevi, Tirunelveli.

3.The Thashildar, Radhapuram Taluk, Tirunelveli District.

...Respondents

Prayer: Writ Petition - filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to correct the Field Map for Survey No.707/2B and 707/3A situated at Pazhavoor Part I Village, Radhapuram Taluk, Tirunelveli District measuring to an extent of 75 cents and issue patta thereafter by considering the petitioner's representation dated 04.12.2023 and pass appropriate orders on merits and in accordance with law within the period that may be stipulated by this Court. 1/6

For Petitioner : Mr.Jerin Mathew For Respondents : Mr.A.Kannan Addl. Govt. Pleader

ORDER

This writ petition has been filed for issuance of writ of mandamus directing the 1st respondent to correct the Field Map for Survey No.707/2B and 707/3A situated at Pazhavoor Part I Village, Radhapuram Taluk, Tirunelveli District measuring to an extent of 75 cents and issue patta thereafter by considering the petitioner's representation dated 04.12.2023 and pass appropriate orders on merits and in accordance with law within the period that may be stipulated by this Court.

2. According to the petitioner, the subject property was purchased by the petitioner and her husband vide a registered sale deed. Since then, the petitioner is in possession and enjoyment of the same. The petitioner was issued with patta in Patta No.2147. In patta, the measurement of the land is 2/6

mentioned as 9 ares. But, in the filed survey map, it has been mentioned as 6 ares. The vendor of the petitioner in collusion with some officials, changed the measurement of the land as 6 ares. In this regard, the petitioner made a representation to the respondents on 04.12.2023. Since no action has been taken on the representation of the petitioner, this writ petition has been filed.

3. The learned Additional Government Pleader appearing for the official respondents would submit that the respondents will dispose of the representation of the petitioner and the matter will be considered on merits and in accordance with law.

4. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the official respondents.

5. In view of the above said submission, this Court, without expressing any opinion on the merits of the matter, directs the respondents to dispose of the representation made by the petitioner dated 04.12.2023 and pass appropriate orders on merits in accordance with law, within a period of ten (10) weeks from the date of receipt of a copy of this order.

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6. With the above direction, the writ Petition stands disposed of. No costs.

07.02.2024 NCC : Yes/No Index : Yes/No Internet:Yes/No sm 4/6

TO:- 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Cheranmadevi, Tirunelveli.

3.The Thashildar, Radhapuram Taluk, Tirunelveli District.

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V.BHAVANI SUBBAROYAN, J.

sm Order made in W.P(MD)No.2484 of 2024 Dated:

07.02.2024 6/6