Jeevan Raja R v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE R.Jeevan Raja ... Petitioner Vs.
1.The District Collector, Collectorate, Madurai District - 625 001.
2.The Revenue Divisional Officer, Peraiyur Road, Usilampatti, Madurai District.
3.The Tahsildar, Pattalakundu Road, Usilampatti, Madurai District.
4.Perumal 5.Rasu 6.Perumal 7.Veeranan ... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to survey and sub division of S.No.4/2 and Patta No.1619 to extent of 1.06 Acres situate at Paramasivan Koilpatti, Thimmanatham Village, Usilampatti Taluk, Madurai District and to issue a separate patta in petitioner name and consider the petitioner representation dated 10.11.2021 and the petitioner online Application No.2021/0105/24/342989 and Can.No.0332421077539 within a stipulated time.
For Petitioner : Mr.S.Sankar For Respondents 1 to 3 : Mr.D.Sasikumar Additional Government Pleader
O R D E R
*********** This writ petition has been filed for a Mandamus seeking for a direction to the respondents to survey and sub divide the petitioner's land in S.No.4/2 and Patta No.1619 to the extent of 1.06 acres situate at Paramasivan Koilpatti, Thimmanatham Village, 1/3
Usilampatti Taluk, Madurai District and to issue a separate patta in the petitioner's name based on the petitioner's representation dated 10.11.2021 and the petitioner's online application and pass orders within a time frame to be fixed by this Court. 2.Heard Mr.S.Sankar, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader who accepts notice on behalf of the respondents 1 to 3. 3.According to the petitioner, he has applied for sub division under the aforementioned representation as well as the online application. He seeks for sub-division subsequent to the settlement deed dated 04.03.2020 in his favour.
4.No prejudice would be caused to the official respondents if the petitioner's representation is considered on merits and in accordance with law within a time frame to be fixed by this Court. 5.Accordingly, this Court directs the third respondent to consider the petitioner representation dated 10.11.2021 and the petitioner's online application seeking for sub-division of S.No.4/2 and Patta No.1619 measuring an extent of 1.06 acres situate at Paramasivan Koilpatti, Thimmanatham Village, Usilampatti Taluk, Madurai District and for issuance of separate patta in petitioner's name and pass final orders on merits and in accordance with law after hearing all the necessary parties including the respondents 4 to 7 within a period of twelve [12] weeks from the date of receipt of a copy of this order.
6.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar(Records) // True Copy // / /2022 Sub Assistant Registrar(CS) MR 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.
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To 1.The District Collector, Collectorate, Madurai District - 625 001.
2.The Revenue Divisional Officer, Peraiyur Road, Usilampatti, Madurai District.
3.The Tahsildar, Pattalakundu Road, Usilampatti, Madurai District.
+1 CC to M/s.K.NAGENDRAPRASAD, Advocate ( SR-5077[F] dated 09/02/2022 ) +1 CC to M/s.SPL GP ( SR-5306[F] dated 10/02/2022 ) ORDER MADE IN 09.02.2022 SRK(CO) TR(21.02.2022) 3P 6C 3/3