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Madras High CourtWP(MD)/23475/2017disposed of in memo of compromise

I.Visvsasam v. The District Collector

2017-12-20Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.23475 of 2017 I.Visvasam ... Petitioner -vs1.

The District Collector, Dindigul, Dindigul District.

2.

The District Revenue Officer, Dindigul District, Dindigul.

3.

The Assistant Director of Survey, Dindigul District.

4.

The Tahsildar, Aathur Taluk, Dindigul District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider petitioner's representation dated 25.08.2017 and consequently to survey the Pasku Thidal by fixing the boundary and to issue patta for the same situated in N.Panjampatti Village, Athur Taluk, Dindigul District in Survey No.202 to an extent of 70 cents.

For Petitioner : Mr.R.Senthilkumar For Respondents : Mr.T.S.Mohamed Mohideen Addl. Govt. Pleader ******

O R D E R

This writ petition has been filed, seeking to direct the respondents to consider the petitioner's representation dated 25.08.2017 with further direction to to survey the Pasku Thidal by fixing the boundary and to issue patta for the same, situated in N.Panjampatti Village, Athur Taluk, Dindigul District in S.No.202 to an extent of 70 cents.

2. Mr.T.S.Mohamed Mohideen, learned Additional Government Pleader takes notice for the respondents. By consent on either side, the writ petition is taken up for final disposal.

3. The case of the petitioner is that there is neither civil suit nor rival claim whatsoever pending in respect of the property in question and as such, she has submitted an https://hcservices.ecourts.gov.in/hcservices/

application/representation dated 25.08.2017 for survey and fixation of the boundary of the property. Since the said representation has not been considered so far, the petitioner is before this Court with the above prayer.

4. Considering the facts and circumstance of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the matters, directs the respondents to consider the application/representation of the petitioner dated 25.08.2017 and pass suitable orders regarding survey and fixation of boundary of the property, subject to payment of necessary fee by the petitioner, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and other interested parties, if any.

5. With the above direction, this petition is disposed of. No costs.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub-Assistant Registrar To:

1.

The District Collector, Dindigul, Dindigul District.

2.

The District Revenue Officer, Dindigul District, Dindigul.

3.

The Assistant Director of Survey, Dindigul District.

4.

The Tahsildar, Aathur Taluk, Dindigul District.

+One c to Mr.C.M.Ganesan, Advocate, SR.No.94560 +One cc to The Special Government Pleader, SR.No.94852 ar RL/7C/2P/KK/SAR1/9/1/2018 W.P(MD) No.23475 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 20.12.2017