Radhakrishnan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.3992 of 2024 Radhakrishnan ... Petitioner Vs.

1.The District Collector, Office of the Collectorate Building, Dindigul District.

2.The District Revenue Officer, Office of the District Revenue Officer, Dindigul District.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Dindigul District.

4.The Tahsildar, Office of the Tahsildar, Nilakottai Taluk, Dindigul District.

5.Subbuthai ... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 4 not to survey and sub divide the property in respect of the Survey No. 705/2, 706/1, 706/3, 713 and 714/2 at Viralipatti Village, Nilakottai Taluk, Dindigul District by utilizing the Patta No. 7498 till the disposal of the appeal so as to cancel the patta in Na.Ka.No. 1268/2024/Aa4 dated 12.02.2024 pending before the third respondent by considering the petitioner's representation dated 12.02.2024. For Petitioner : Mr.D.S.Haroon Hasheed For Respondents : Mr.D.Gandhiraj Special Government Pleader for R.1 to R.4

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for the official respondents.

2.It is seen that dispute between the petitioner and the fifth respondent is pending resolution before the third respondent. The petitioner's apprehension is that even during the pendency of the appeal before the third respondent, survey and subdivision of the property may not be made. That led to filing of this writ petition. 2/4

3.The petitioner need not have any such apprehension. The fifth respondent has already filed W.P(MD)No.26695 of 2023 and this Court disposed of the same on 07.11.2023 directing the Revenue Divisional Officer to pass final order.

4.The learned Special Government Pleader also states that enquiry is going on and final order will be passed within a period of six weeks by the Revenue Divisional Officer. I am certain that nothing will be done during the pendency of the appeal before the Revenue Divisional Officer. The petitioner as well as the fifth respondent shall appear before the third respondent on 01.03.2024 at 01.00 p.m.

5.This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

22.02.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA 3/4

G.R.SWAMINATHAN, J.

MGA To 1.The District Collector, Office of the Collectorate Building, Dindigul District.

2.The District Revenue Officer, Office of the District Revenue Officer, Dindigul District.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Dindigul District.

4.The Tahsildar, Office of the Tahsildar, Nilakottai Taluk, Dindigul District.

and W.M.P(MD)No.3992 of 2024 22.02.2024 4/4