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Madras High CourtWP(MD)/16444/2017disposed of

R.Krishnamoorthy, v. The Addl. Chief Secretary /

2017-09-22Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2017

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.16444 of 2017 1.R.Krishnamoorthy 2.R.Muthukumar 3.M.Karuppiah : Petitioners -vs1. The Additional Chief Secretary/ Commissioner of Land Administration, Chepauk, Chennai-600 005.

2. The District Collector, Pudukottai District, Pudukottai.

3. The District Revenue Officer, Pudukottai District, Pudukottai.

4. The Revenue Divisional Officer, Pudukottai District, Pudukottai.

5. The Tahsildar, Thirumayam Taluk, Pudukottai District.

: Respondents Prayer:Petition filed under Article 226 of the Constitution of India for the issuance of a writ of Mandamus, directing the 5th respondent to implement the order passed by the 3rd respondent made in Na.Ka.No.23602/11/D3, dated 10.03.2015 in letter and spirit and thereby remove the caption of "Held Over"as against S.No.840/1E in patta No.233 for the property situated at Thekattur Village, Arimalam Panchayat, Thirumayam Taluk, Pudukottai District and issue separate patta in favour of the petitioners on the basis of the sale deed, dated 14.07.2010 within a time stipulated by this court.

For Petitioner : Mr.P.R.Prithiviraj For Respondents : Mr.G.Muthukannan Government Advocate

O R D E R

The prayer sought for in the writ petition is to direct the 5th respondent to implement the order passed by the 3rd respondent, dated 10.03.2015 and issue separate patta in favour of the petitioners on the basis of the sale deed, dated 14.07.2010. 2.Heard the learned counsel for the petitioners and the learned Government Advocate for the respondents and perused the materials available on record.

3.Mr.P.R.Prithiviraj, learned counsel for the petitioners would submit that the 3rd respondent has removed the caption of ''Held Over'' in regard to the property in survey No.840/1E in patta No.233 situated in Thekattur Village, Arimalam Panchayat, Thirumayam Taluk, Pudukottai District and it has to be implemented by the 3rd respondent. Since, no action was taken, the petitioners sent a representation to the 5th respondent on 01.02.2016 and 10.07.2017 along with challan for payment of necessary fees. Since, no favourable order, the present writ petition is filed. 4.Mr.G.Muthukannan, learned Government Advocate would submit that the representation of the petitioners would be considered by the 5th respondent, in accordance with law.

5.In view of the above submission, this writ petition is disposed of with a direction to the 5th respondent to implement the order of the 3rd respondent within a period of one week from today. No costs.

Post the matter on 14.09.2017 for reporting compliance. sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To,

1. The Additional Chief Secretary/ Commissioner of Land Administration, Chepauk, Chennai-600 005.

2. The District Collector, Pudukottai District, Pudukottai.

3. The District Revenue Officer, Pudukottai District, Pudukottai.

4. The Revenue Divisional Officer, Pudukottai District, Pudukottai.

5. The Tahsildar, Thirumayam Taluk, Pudukottai District.

+1cc to M/S. D.SADIQ RAJA, Advocate, SR.No.76767. W.P.(MD)No.16444 of 2017 05.09.2017 er SDS/SKN:RSK/SAR 2/06.09.2017/3P/7C