Madras High CourtWP(MD)/6378/2018disposed of

S.Natarajan, v. The District Collector,

2018-03-26Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.6378 of 2018 S.Natarajan ...

Petitioner Vs.

1.The District Collector, Collectorate Campus, Dindigul, Dindigul District.

2.The District Revenue Officer, Dindigul, Dindigul District.

3.The Revenue Divisional Officer, Dindigul, Dindigul District.

4.The Tahsildar, Taluk Office, Dindigul, Dindigul District.

5.The Assistant Director of Survey, Taluk office, Dindigul, Dindigul District.

6.The Firka Surveyor, Thodkombu Village, Dindigul District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents herein to carry out survey demarcate the boundaries by making sub divisions and to issue separate patta to the petitioner in respect of the petitioners property bearing Old Survey No.364 /1 New Survey No.364 / 1A3 of an extend of 3 acres 81 cents situate at Thadikombu Village Malvarpatti Post Dindigul Taluk & District within a stipulated time as that may be fixed by this Court. For Petitioner : Mr.R.Thangapandian For Respondents : Mr.Aayiram K.Selvakumar, Additional Government Pleader.

ORDER

This writ petition has been filed seeking direction to the the respondents to carry out survey demarcate the boundaries by making sub divisions and issue separate patta to the petitioner in respect of the petitioner's property bearing Old Survey No.364/1 New

Survey No.364/1A3 to an extent of 3 acres 81 cents situate at Thadikombu Village, Malvarpatti Post, Dindigul Taluk and District within a stipulated time that may be fixed by this Court. 2.According to the petitioner, originally, the land measuring to an extent of 3 acres and 81 cents belongs to the petitioner's father. After the demise of his father, the other legal heirs of the petitioner's father sold the property and thereafter, he is in possession and enjoyment of the property. Since the patta in respect of the above said property lies in joint patta, the petitioner has submitted an application dated 28.04.2016 before the respondents and he has also paid necessary fees for survey of the land. Since no order has been passed, the present writ petition has been filed.

3.Considering the facts and circumstances of the case and considering the fact that the application of the petitioner is pending from 2016 and the petitioner only seeks to measure his land by fixing boundaries, the fourth respondent is directed to measure the property in question as per the revenue records, within a period of six weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner as well as to the other legal heirs.

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

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Collectorate Campus, Dindigul, Dindigul District.