Madras High CourtWP(MD)/397/2017disposed of

R.Mageswari v. The District Collector

2017-01-10Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)No.397 of 2017 R.Mageswari .. Petitioner vs.

1.The District Collector, Collectorate Campus, Madurai District.

2.The Tahsildar, Taluk Office, Theni Main Road, Usilampatti, Madurai District.

3.The Taluk Surveyor Peraiyoor Road, (Near RDO Office) Usilampattai, Madurai District.

... Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus directing the 1st and 2nd respondents to consider the petitioner's representation dated 25.7.2016 with regard to measure the property with relevant records and sub-divide it with the help of the 3rd respondent and to issue separate patta in the petitioner's name in respect of property comprised in old Survey No. 374/2B2, New Survey No.6/9 with an extent of 6 1/8 cents purchased by the petitioner vide document No. 2167/16 dated 13.06.2016. For Petitioner : Mr.S.Arivalagan For Respondent : Mr.C.Selvaraj Special Government Pleader

O R D E R

The petitioner seeks for grant of separate patta after measuring the property and sub divide the same. To that effect she has made a representation on 25.07.2016.

2.Therefore, it is for the respondents 2 and 3 to consider the request of the petitioner and pass orders on the same on merits https://hcservices.ecourts.gov.in/hcservices/

and in accordance with law also by giving due opportunity of hearing to the other joint pattadhars and to the interested parties, if any. This Court, at this stage, is not expressing any view on the claim made by the petitioner.

3.Accordingly, this writ petition is disposed of only with a direction to the respondents 2 and 3 to consider the representation of the petitioner, dated 25.07.2016 and pass orders on the same on merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as joint pattadharas and also the interested parties, if any. Such exercise shall be done by the respondents 2 and 3 within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To 1.The District Collector, Collectorate Campus, Madurai District.

2.The Tahsildar, Taluk Office, Theni Main Road, Usilampatti, Madurai District.

3.The Taluk Surveyor Peraiyoor Road, (Near RDO Office) Usilampattai, Madurai District.

+1 cc to M/s.A.Arivalagan, Advocate in SR.No. 1864 +1 cc to The Special Government Pleader in SR.No. 2229 W.P(MD)No.397 of 2017 10.01.2017 SKN CSL/CM-MSS/SAR-II/30.01.2017 :2P/6C https://hcservices.ecourts.gov.in/hcservices/