K.Karuvelaraj v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD) No. 16230 of 2017 K.Karuvelaraj ... Petitioner Vs.

1. The District Collector, Tuticorin District.

2. The Tahsildar, Tiruchendur Taluk, Tuticorin District.

3. The Firka Surveyor, Tiruchendur Taluk, Tuticorin District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents herein to forthwith conduct survey, measurement and sub-division of petitioner's patta land vide patta No.2304 measuring 14 cents out of 13.20 Ares comprised in S.No.696/3A1A situated in Suganthalai Village, Tiruchendur Taluk, Tuticorin District, as per sale deed dated 06.06.1988 vide Doc.No.362/1988 and sale deed dated 07.11.1994 vide Doc.No.602/1994.

For Petitioner : Mr.C.Christopher For Respondents : Mr.C.Selvaraj Special Government Pleader.

O R D E R

The petitioner seeks for a direction to the respondents to forthwith conduct survey, measurement and sub-division of the petitioner's patta land, as per the representation dated 17.04.2017.

2.Mr.C.Selvaraj, learned Special Government Pleader takes notice on behalf of the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

https://hcservices.ecourts.gov.in/hcservices/ 3.The petitioner would claim that the land to an extent of 14 cents in S.No. 696/3A1A situated at Suganthalai Village,

Tiruchendur Taluk, Tuticorin District, was purchased by his father, namely, Ganesa Nadar, through sale deeds dated 06.06.1988 and 07.11.1994. He was also issued joint patta. 4.The petitioner would further state that his father died on 19.11.2008 leaving behind his wife and two sons. Thereafter, the legal hairs' names were also included in the joint patta. Now, the petitioner gave an application to the respondents to measure the property and issue a separate patta and he also paid necessary charges. Since no action has been taken, the petitioner sent a representation dated 17.04.2017. Despite the same, there is no progress, hence, the present writ petition.

5. Considering the limited scope of the prayer sought for by the petitioner, this Court, without going into the merits of the matter, directs the second respondent to consider the petitioner's application dated 06.02.2015 and the representation dated 17.04.2017 and take action on merits and in accordance with law, after providing opportunity to all necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Tuticorin District.

2. The Tahsildar, Tiruchendur Taluk, Tuticorin District.

3. The Firka Surveyor, Tiruchendur Taluk, Tuticorin District.

+1cc to Mr.C.Christopher, Advocate SR.No.75197 +1cc to The Spl.Government Pleader Sr.No.75373 MM/SKN VB/GT/SAR2/12/09/2017/2P/6C W.P.(MD) No. 16230 of 2017 29.08.2017 https://hcservices.ecourts.gov.in/hcservices/