← Library
Madras High CourtWP(MD)/17320/2017disposed of

R.Panchavarnam, v. The District Collector

2017-10-10Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2017

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.17320 of 2017 R.Panchavarnam : Petitioner -vs1. The District Collector, Dindigul District, Dindigul.

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

3. The Tahsildar, Dindigul East District, Dindigul District. : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the 1st respondent to instruct the 3rd respondent to measure and demarcate the petitioner land situated in Survey No.69/4B2 at Bala Krishnapuram Village, Dindigul East Taluk, Dindigul District and issue patta to the petitioner, by considering the representation, dated 26.07.2017.

For Petitioner : Mr.R.Kannan For Respondents : Mr.G.Muthukannan Government Advocate

O R D E R

The prayer sought for in this writ petition is to direct the 1st respondent to instruct the 3rd respondent to measure and demarcate the petitioner's land situated in Survey No.69/4B2 at Bala Krishnapuram Village, Dindigul East Taluk, Dindigul District and issue patta to the petitioner, by considering her representation, dated 26.07.2017.

2.The case of the petitioner is that she purchased property to an extent of 0.02.5 Hectare in Survey No.69/4B2 at Bala Krishnapuram Village, Dindigul East Taluk, Dindgul District, through a registered sale deed, dated 30.04.1984 and subsequently, patta was issued in favour of the petitioner and the right of the petitioner was also confirmed by the competent civil court namely the Additional Sub Court, Dindigul in O.S.No.68 of

2014.

3.The petitioner would state that earlier she filed W.P.(MD) No.20326 of 2015 for the same relief and by order, dated 16.11.2015, this court directed the respondents therein to consider the representation of the petitioner. Despite the order, the respondents did not survey the property and therefore, on 26.07.2017, she applied through online seeking issuance of separate patta. Since, there was no action, the present writ petition has been filed.

4.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials available on records.

5.It is seen that the petitioner owns only smaller extent of land and despite the order passed by this court in W.P.(MD) No.20326 of 2015, dated 16.11.2015, the 3rd respondent has not conducted any survey in the lands of the petitioner. 6.In view of the above facts, this writ petition is disposed of with a direction to the 3rd respondent to measure and demarcate the petitioner's property, as per her representation, dated 26.07.2017 purely on merits and in accordance with law on or before 09.10.2017, after providing opportunity of hearing to the petitioner as well as to the necessary parties, if any. No costs. 7.For reporting compliance, post the matter on 10.10.2017. Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To

1. The District Collector, Dindigul District, Dindigul.

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

3. The Tahsildar, Dindigul East District, Dindigul District.

Er MK/MR KKR/SAR-1/28.09.2017/2P/4C W.P.(MD)No.17320 of 2017 21.09.2017