S.Jegadeeswaran v. The Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and W.M.P.(MD).No.11850 of 2020 S.Jegadeeswaran ... Petitioner Vs.

1.The Collector, Office of the District Collector, 2.The Thasildhar, Office of the Tahsildar, Ottanchathiram Taluk, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the second respondent to consider the petitioner's application dated 13.06.2019 and survey and measure the petitioner's properties comprised in Punja Survey No.303/3A3B, measuring to an extent of 0.11.50 hectare and Punja Survey No.303/3A4B1, measuring to an extent of 0.01.50 hectare and totally measuring to an extent of 0.13.00 hectare, bearing patta No.1240 and situated at Ambilikkai Village, Ottanchathiram Taluk, Dindigul District. For Petitioner : Ms.Kanimozhi Mathi For respondents : Mr.P.Kannithevan Additional Government Pleader

ORDER

This writ petition has been filed for issuance of a direction to the second respondent to consider the petitioner's application dated 13.06.2019 and survey and measure the petitioner's properties comprised in Punja Survey No.303/3A3B, measuring to an extent of 0.11.50 hectare and Punja Survey No.303/3A4B1, measuring to an extent of 0.01.50 hectare and totally measuring to an extent of 0.13.00 hectare, bearing patta No.1240 and situated at Ambilikkai Village, Ottanchathiram Taluk, Dindigul District. 1/3

2. Mr.P.Kannithevan, learned Additional Government Pleader takes notice for the respondents. By consent, the writ petition is taken up for disposal at the admission stage itself.

3. The petitioner has submitted his representation, dated 13.06.2019 to the respondents, in order to survey and measure the properties comprised in Punja Survey No.303/3A3B, measuring to an extent of 0.11.50 hectare and Punja Survey No.303/3A4B1, measuring to an extent of 0.01.50 hectare and totally measuring to an extent of 0.13.00 hectare, bearing patta No.1240 and situated at Ambilikkai Village, Ottanchathiram Taluk, Dindigul District. But, the said representation was not considered so far. In such circumstances, the petitioner has come forward with the present Writ Petition.

4. Considering the facts and circumstances, the second respondent is directed to consider the representation of the petitioner, dated 13.06.2019 and pass appropriate orders in accordance with law, after hearing the petitioner and the necessary parties. In case of issuance of patta, survey needs to be conducted and the said survey shall be photographed and videographed in the presence of the petitioner and necessary parties and the costs of photograph and Videograph to be borne by the party seeking patta. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order. It is made clear that this Court has not decided the rights of the parties in the present Writ Petition. It is open to the respondents to decide the same in accordance with law. The guidelines issued by this Court in W.P.(MD)No.13465 of 2020 dated 05.10.2020 should be followed wherever it is applicable.

5. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (A.E) // True Copy // / /2020 Sub Assistant Registrar(CS) PJL To 1.The Collector, Office of the District Collector, 2/3

2.The Thasildhar, Office of the Tahsildar, Ottanchathiram Taluk, +1 CC to M/s.KANIMOZHI MATHI, Advocate SR-19947. +1 CC to the SPL GP SR-20170.

13.10.2020 PM(CO) CS(28.10.2020) 3P 5C 3/3