Madras High CourtWP(MD)/19259/2016disposed of

K.Shanmugavelu v. The District Collector

2016-10-04Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:04.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)No.19259 of 2016 K.Shanmugavelu ... Petitioner Vs.

1.The District Collector, Ramanathapuram, Ramanathapuram District.

2.The Tahsildar, Paramakudi Taluk, Ramanathapuram District.

3.The Village Administrative Officer, Kattupramakudi Village, Ramanathapuram District.

4.The District Surveyor, O/o.District Survey, Ramanathapuram District, Ramanathapuram. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to survey and measure the land at S.F.No.319/2 situated at Karruparamakudi Village, Ramanathapuram District and to make suitable sub-division as per the petitioner's sale deed, dated 13.02.2012 and consequently direct the respondents to issue separate patta in favour of the petitioner to the extent he has purchased vide sale deed Document No.827/2012, dated 13.02.2012.

For Petitioner : Mr.K.Viralinathan For Respondents : Mr.N.S.Karthikeyan, Additional Government Pleader

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for respondents.

https://hcservices.ecourts.gov.in/hcservices/

2. By consent, the Writ Petition itself is taken up for final disposal.

3. The Petitioner is said to have filed an application before the second respondent on 17.12.2012 for survey the land and for issuance of separate patta. Since no action has been taken by the second respondent, the petitioner appeared before the Grievance Day on 13.07.2015 and he has also paid fees in the year 2014 itself. But, so far no order has been by the second respondent. Hence, he has filed this Writ Petition.

4. Since the petitioner filed an application seeking patta before the second respondent in the year 2012 itself, he is directed to make fresh application before the 2nd respondent along with necessary fees for survey, measurement and to issue separate patta in his favour within a period of two weeks from the date of receipt of a copy of this order. On receipt of such application, the second respondent is directed to consider the said application and pass orders on the same, on merits and in accordance with law, after giving notice to the petitioner as well as the rival claimants if any, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar To 1.The District Collector, Ramanathapuram,Ramanathapuram District. 2.The Tahsildar, Paramakudi Taluk, Ramanathapuram District. 3.The Village Administrative Officer, Kattupramakudi Village,Ramanathapuram District. 4.The District Surveyor, O/o.District Survey, Ramanathapuram District, Ramanathapuram. +1 cc to M/s.K.Viralinathan, Advocate in SR.No.58253 +1 cc to The Special Government Pleader in SR.No.59206 pm CSL/EM-MPA/21.10.2016 :2P/7C W.P(MD)No.19259 of 2016 04.10.2016 https://hcservices.ecourts.gov.in/hcservices/