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Madras High CourtWP(MD)/23487/2017disposed of

P.Chanrasekar, 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.23487 of 2017 P.Chandrasekar ... Petitioner -vs1.

The District Collector, O/o.District Collector, Madurai District.

2.

The Tahsildar, O/o.the Tahsildar, Collectorate Campus, Madurai North Taluk, Madurai 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 1 & 2 to consider the petitioner's representation to take appropriate action to issue Patta in petitioner name the land bearing patta No.355 comprised in the ReSurvey No.48/4 and Plot No.6 out of the western side of total extent of Acre 1 and Cents 27, the land which was standing in petitioner's name survey and subdivide the same and issue a individual patta in petitioner's name within a time framed by this Court.

For Petitioner : M/s.A.S.Rajeswari For Respondents : Mr.M.Alagathevan Spl. Govt. Pleader ******

O R D E R

This writ petition has been filed, seeking to direct the Respondent Nos. 1 & 2 to consider the petitioner's representation to take appropriate action to issue Patta bearing No.355 in the name of the petitioner in respect of the land, comprised in ReS.No.48/4 and Plot No.6, out of the western side of total extent of Acre 1 and Cents 27, which was standing in petitioner's name, survey, subdivide the same and issue an individual patta in his name.

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2. Mr.M.Alagathevan, learned Special Government Pleader takes notice for the respondents. By consent, the writ petition is taken up for final disposal at the stage of admission itself.

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, he has submitted an application/representation dated 04.07.2017, followed by reminder by way of representations dated 04.08.2017 and 14.11.2017 for survey, subdivision and issuance of patta in respect 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 circumstances 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 matter, directs the second respondent to consider the application/representation dated 04.07.2017, followed by reminder by way of representations dated 04.08.2017 and 14.11.2017, submitted by the petitioner and pass suitable orders thereon, 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, O/o.District Collector, Madurai District.

2.

The Tahsildar, O/o.the Tahsildar, Collectorate Campus, Madurai North Taluk, Madurai District.

+ 1 cc TO M/s.A.S.Rajeswari , Advocate in SR No. 94521 + 1 cc TO The Special Government Pleader in SR No. 94807 ar AE/GT/SAR2/09.01.2018/2P/5C W.P(MD)No.23487 of 2017 20.12.2017 https://hcservices.ecourts.gov.in/hcservices/