Muthumari v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Muthumari ... Petitioner Vs

1. The District Collector, Tenkasi District.

2. The Revenue Divisional Offic, Er, Sankarankovil Taluk, Tenkasi District.

3. The Tahsildar, Sivagiri Taluk, Tenkasi District.

4. The Inspector of Police, Sivagiri Police Station, Tenkasi District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 3 and 4 to issue separate patta in the name of the petitioner after conducting survey by demarcate the petitioners property comprised in old survey No.108/1B 1/5

and New survey No.1220/2 of Thenmalai Village, Sivagiri Taluk, Tenkasi District with the help of 5th respondent by providing necessary police protection within a stipulated time that may be fixed by this Court. For Petitioner : Mr.R.Rajamohan For Respondents : Mr.C.Satheesh (R1-R4) Government Advocate Mr.S.Prakash (R5) Government Advocate (Crl.Side)

ORDER

The writ petition has been filed for issuance of a writ of mandamus to direct the respondents 3 and 4 to issue separate patta in the name of the petitioner, after conducting survey by demarcate the petitioner's property comprised in old survey No.108/1B and New survey No.1220/2 of Thenmalai Village, Sivagiri Taluk, Tenkasi District with the help of 5th respondent police.

2.Considering the limited scope of prayer sought for in the writ petition, with the consent of either side, this writ petition is taken up for final disposal at the admission stage itself. 2/5

3.I have heard the learned counsel appearing on either side and perused the materials placed before this Court. 4.The petitioner has made an application for survey on 13.01.2024 and once again on 26.11.2024. According to the petitioner, his application has not been disposed of, despite direction from the 2nd respondent to the 3rd respondent to conduct survey and submit a report. 5.Considering the above, there shall be a direction to the respondents 3 and 4 to conduct survey, if the petitioner is found to be entitled for issuance of patta and pass suitable orders on the petitioner's representation, within a period of eight weeks from the date of receipt of copy of this order.

6.Accordingly, this writ petition stands disposed of with the above directions. No costs.

13.02.2025 Index : Yes / No NCC : Yes / No PNM 3/5

TO:-

1. The District Collector, Tenkasi District.

2. The Revenue Divisional Offic, Er, Sankarankovil Taluk, Tenkasi District.

3. The Tahsildar, Sivagiri Taluk, Tenkasi District.

4. The Inspector of Police, Sivagiri Police Station, Tenkasi District.

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P.B. BALAJI , J.

PNM ORDER IN 13.02.2025 5/5