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Madras High CourtWP(MD)/4029/2024disposed of

Senthil Vel A v. The District Collector

2024-02-21Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN A.Senthil Vel ... Petitioner Vs.

1.The District Collector, District Collector Office Complex, Madurai - 625 020.

2.The Thasildhar (Land Survey), Melur Thasildar Office, Melur, Madurai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to survey the petitioner's property in resurvey No.173/12, in Navinipatti Village, Melur Taluk, Madurai North, Madurai District, more specifically Plot No.1 and 2 purchased by the petitioner under document No.1258, registered on 5.3.2012, based on application of petitioner dated 12.1.2024, within a time frame issue separate patta for the same and also to evict encroachers if any. For Petitioner : Mr.T.Ravichandran For Respondents : Mr.M.Lingadurai, Spl. Government Pleader.

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ORDER

Heard both sides.

2.The petitioner purchased the petition mentioned property from one Nantheswari @ Nandhini vide sale deed dated 05.03.2012. The petitioner wants survey to be conducted and also patta issued. 3.I wanted to know if the patta of the vendor has been enclosed in the typed set of papers. It is not enclosed. It is also not known if the petitioner's vendor was a pattadar. In these circumstances, no positive direction can be issued in favour of the petitioner. The only direction that I can issue is to call upon the Tahsildar, Melur to conduct enquiry on the petitioner's representation and give a disposal on merits and in accordance with law within a period of sixteen weeks from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter. If the Tahsildar is satisfied that patta may have to be granted, then he will conduct survey by following the usual norms.

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4.This writ petition is disposed of accordingly. No costs. 21.02.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

1.The District Collector, District Collector Office Complex, Madurai - 625 020.

2.The Thasildhar (Land Survey), Melur Thasildar Office, Melur, Madurai District.

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G.R.SWAMINATHAN, J.

ias 21.02.2024 4/4