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Madras High CourtWP(MD)/11554/2021disposed of

Packiam.C v. The Dist.Collector

2021-07-13Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH C.Packiam ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

3.The Town Surveyor, Rajapalayam Taluk, Virudhunagar District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents to measure the petitioner's land situated in Survey Nos. 171/1A, 65/1B, 84/9, 257/2A2, 257/2B, 257/3B, 257/4 and 257/5A, at North Devadanam Village, Virudhunagar District and to issue separate Patta by sub dividing the petitioners land in Survey Nos.171/1A, 65/1B, 84/9, 257/2A2, 257/2B, 257/3B, 257/5A, at North Devadanam Village, Virudhunagar District, within a time frame to be stipulated by this Hon'ble Court.

For Petitioner : Mr.I.Joshua For Respondents : Mr.M.Lingadurai Government Advocate

ORDER

This writ petition has been filed for the issue of a Writ of Mandamus, directing the respondents to consider the representation/application made by the petitioner, on 29.12.2020, wherein, the petitioner has sought for the survey of the subject property and for issuance of separate patta in her name. 2.The case of the petitioner is that she had purchased the subject properties by virtue of registered sale deeds executed in her favour in the year 1999 and 2001 respectively. The further case of the petitioner is that she made an application, on 29.12.2020, seeking for survey of the subject properties and for issuance of a patta in her name. According to the petitioner, the necessary fees was also paid, on 04.01.2021. The grievance of the petitioner is that her application has not been acted upon and left with no other alternative, the present writ petition has been filed before this 1/3

Court, seeking for appropriate directions.

3.Heard Mr.I.Joshua, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Advocate, appearing for the respondents.

4.Taking into consideration the facts and circumstance of the case and the limited relief sought for in this writ petition, there shall be a direction to the second and third respondents to act upon the application submitted by the petitioner, on 29.12.2020 and deal with the same on its own merits and in accordance with law and complete the process within a period of six weeks from the date of receipt of a copy of this order. If there are any other interested parties, notice shall be also issued to them before taking a final decision.

5.The petitioner is directed to make a fresh representation to the second and third respondents along with all relevant documents and also a copy of this order.

6.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) TM NOTE:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

3.The Town Surveyor, Rajapalayam Taluk, Virudhunagar District.

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+1 CC to M/s.I.JOSHUA, Advocate ( SR-22640[F] dated 15/07/2021 ) +1 CC to M/s.SPL GP ( SR-22552[F] dated 14/07/2021 ) 13.07.2021 DKS(CO) KB(23.07.2021) 3P 6C 3/3