R.Chakkiah, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN WP (MD) No.4627 of 2018 R.Chakkiah ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Tahsildar, 3.The Taluk Surveyor, Mallanginaru Post, 4.R.Thavidan 5.R.Balamurugan 6.Pappammal 7.K.Panchavarnam 8.Pandeeswari ... Respondents Petition filed under Article 226 Constitution of India to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 24/01/2018 on the file of the second respondent within a period fixed by this Court which is relating to demarcate and sub divide the land and grant patta in the petitioner's name for the property in Ayan Nanja lands in Survey No.100/2 admeasuring 0.4.00 Hec, Survey No.100/3 admeasuring 0.4.00 Hec, Survey No.100/4 admeasuring 0.4.00 Hec, Survey No.100/5 admeasuring 0.5.00 Hec, Survey No.100/6 admeasuring 0.10.50 Hec, Survey No.100/7 admeasuring 0.9.50 Hec situated at Mallanginar Village, Kariapatti Tauk, Virudhunagar District. For Petitioner : Mr.T.Selvan For R1 to R3 : Mrs.J.Padmavathi Devi Special Government Pleader

ORDER

This writ petition has been filed seeking direction to the respondents 1 to 3 to demarcate and sub divide the land and grant patta in the petitioner's name for the property in Ayan Nanja lands in Survey No.100/2 admeasuring 0.4.00 Hec, Survey No.100/3 admeasuring 0.4.00 Hec, Survey No.100/4 admeasuring 0.4.00 Hec,

Survey No.100/5 admeasuring 0.5.00 Hec, Survey No.100/6 admeasuring 0.10.50 Hec, Survey No.100/7 admeasuring 0.9.50 Hec situated at Mallanginar Village, Kariapatti Tauk, Virudhunagar District, by considering the petitioner's representation dated 24.01.2018. 2.I have heard Mr.T.Selvan, learned counsel appearing for the petitioner and Mrs.J.Padmavathi Devi, learned Special Government Pleader appearing for the respondents 1 to 3. Since the order going to be passed is no way prejudicial to the interest of the respondents 4 to 8, notice to the respondents 4 to 8 are dispensed with.

3.According to the petitioner, the petitioner and his brother are the owners of the property in Survey No.100/2, 100/3, 100/4, 100/5, 100/6 and 100/7 admeasuring to an extent of 92 cents, situated at Mallanginar Village, Kariapatti Tauk, Virudhunagar District, for which, a joint patta has been issued in the name of the petitioner's father and some other persons. In the above circumstances, the petitioner has filed an application before the respondents 1 to 3 to measure the above property and sub divide the same and issue separate patta to the petitioner. He has also paid necessary fee for the same on 07.04.2015. Subsequently, he renewed the application in the year 2017 and paid fee once again. But, so far, no order has been passed. Hence, this writ petition has been filed.

4.Considering the above said facts and circumstances, the respondents 2 and 3 are directed to consider the petitioner's representation dated 24.01.2018 and measure the above property, after issuing notice to the petitioner, respondents 4 to 8 and other interested parties, within a period of six weeks from the date of receipt of a copy of this order.

5.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Tahsildar,

3.The Taluk Surveyor, Mallanginaru Post, +1cc to M/S.T.Selvan, Advocate SR.No. 53432 WP(MD)No.4627 of 2018 06.03.2018 mj JM/SKN RSK/SAR 2/28.03.2018/3P/5C