Madras High CourtWP(MD)/19993/2017disposed of

Muthukannu v. The District Collector

2017-10-31Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :31.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.19993 of 2017 Muthukannu ... Petitioner Vs.

1. The District Collector, Sivagangai District, Sivagangai.

2. The District Land Surveyor, Sivagangai District, Sivagangai.

3. The Tahsildar, Ilayangudi Taluk, Ilayangudi, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondents to measure the land in old survey No.394/8 new survey No.834/32, North Valasaikadu, Salaigramam Post, Ilayankudi Taluk, Sivagangai District and to issue a patta based on the petitioner's representation dated 12.06.2015, 04.09.2017 and 19.10.2017. For Petitioner : Mr.PR.Boomeerajan For Respondents : Mr.M.Alagathevan Special Government Pleader

ORDER

This writ petition has been filed, seeking to direct the respondents to measure the land in old survey No.394/8 new survey No.834/32, North Valasaikadu, Salaigramam Post, Ilayankudi Taluk, Sivagangai District and to issue a patta based on the representations.

2.Heard both side. By consent, the writ petition is taken up for final disposal at the stage of admission itself. 3.The learned counsel for the petitioner would submit that neither civil suit nor rival claim whatsoever is pending in respect of the property in question, which was originally purchased by the petitioner's father in law and after his demise, the husband of the petitioner as the legal heir with his family has been in possession https://hcservices.ecourts.gov.in/hcservices/

and enjoyment of the same. So her husband on 12.06.2015 sent a representation to survey the property and to issue patta and also paid necessary charges, which followed two representations, finally on 19.10.2017 given by the petitioner. However, no action has been taken on the representations, the petitioner is before this Court. 4.The Special Government Pleader appearing for the respondents would submit that the representations of the petitioner would be considered in accordance with law within the time stipulated by this Court.

5.Considering the limited scope of the relief sought in this writ petition, this Court, without going into the merits of the case, directs the respondents to consider the representations, dated 12.06.2015, 04.09.2017 and 19.10.2017 and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the interested parties, if any, within a period of six 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, Sivagangai District, Sivagangai.

2. The District Land Surveyor, Sivagangai District, Sivagangai.

3. The Tahsildar, Ilayangudi Taluk, Ilayangudi, Sivagangai District.

+ 1 CC TO Mr.PR.BOOMEERAJAN, ADVOCATE IN SR No. 84464 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 84811 DSK TE/JC/SAR-I : 10/11/2017 : 2P/6C ORDER MADE IN W.P(MD)No.19993 of 2017 31.10.2017 https://hcservices.ecourts.gov.in/hcservices/