R.Sivakumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR R.Sivakumar ... Petitioner -Vs1.The District Collector, Collectorate Office, Dindigul District.

2.The Tahsildar, Nilakottai Taluk, Nilakottai, Dindigul District.

3.The Surveyor, Nilakottai Taluk, Dindigul District.

... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondent No.2 to survey, sub divide and issue patta to the petitioner as per the document and decree passed by the Munsif Court, Nillakottai in O.S.No.47/2018.

For Petitioner : Mr.N.S.Karthikeyan For Respondents : Mr.B.Bhagawathy, G.A.

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the respondent No.2 to survey, sub divide and issue patta to the petitioner as per the document and decree passed by the Munsif Court, Nillakottai in O.S.No.47/2018.

2.Heard Mr.N.S.Karthikeyan, learned counsel appearing for the petitioner and Mr.B.Bhagawathy, learned Government Advocate appearing for the respondents.

3.With the consent of both sides, this writ petition is disposed of at the admission stage itself.

4.The petitioner, in order to survey, identify the boundaries, subdivide and also to get patta in respect of the land in survey No.35/2A1A at Kattur village, Nilakottai Taluk, Dindigul District, 1/3

made an application with necessary fee on 22.04.2019 to the 2nd respondent and all that, the learned counsel appearing for the petitioner wants that, the said application be considered on merits by the 2nd respondent within a time frame to be stipulated by this Court.

5.I have heard the learned Government Advocate appearing for the respondents, who would submit that, the said representation of the petitioner dated 22.04.2019 would be decided on merits by the 2nd respondent, within a time frame to be stipulated by this Court. 6.Considering the limited scope of the prayer sought for in this writ petition, this Court is inclined to dispose of this writ petition with the following direction:

"The 2nd respondent is hereby directed to consider the application of the petitioner dated 22.04.2019 and do the needful by passing final orders thereon, within a period of six weeks from the date of receipt of a copy of this order."

7.With this direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS ) Arul To 1.The District Collector, Collectorate Office, Dindigul District.

2.The Tahsildar, Nilakottai Taluk, Nilakottai, Dindigul District.

3.The Surveyor, Nilakottai Taluk, Dindigul District.

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+1 CC to Mr.N.S.KARTHIKEYAN, Advocate (SR-79911[F] dated 06/08/2019 ) +1 CC to SPL GP ( SR-80284[F] dated 07/08/2019 ) Order made in Dated:06.08.2019 MK (26.12.2019) 3P 6C 3/3