Madras High CourtWP(MD)/16709/2023disposed of

Alagarsamy K v. The District Collector

2023-07-14Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD).No.16709 of 2023 K.Alagarsamy ... Petitioner Vs.

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The District Revenue Officer, Collectorate-Thoothukudi, Thoothukudi District.

3.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

4.The Tahsildar, Vilathikulam Taluk, Thoothukudi District. ...Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the fourth respondent herein to conduct survey and issue patta to the petitioner's property having an extent of East West -14 3⁄4 Yard and North South-5 3⁄4 yard in Old 1/5

Sy.No-21/1 corresponding Re.Sy.No-441/23 and further by leaving Southern Portion on the Northern Portion East West-17 yard and North South-12 1⁄2 yard in Old Sy.No-21/1 in Re.Sy.No-21/16 of Melapatti Village, Sivalarpatti Revenue Village, Vilathikulam Taluk, Thoothukudi District, as per the Sale Deed No-1169/1946 dated 15.07.1946 of Pudur Sub Register Office within the time stipulated by this Court. For Petitioner : Mr.M.R.Sreenivasan For Respondents :Mr.G.V.Vairom Santhosh Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking a direction to the fourth respondent to conduct survey and issue patta in favour of the petitioner for the properties in old Survey No.21/1 corresponding Resurvey No.441/23 and old Survey No.21/1 corresponding Resurvey No.21/16 situated at Melapatti Village, Sivalarpatti Revenue Village, Vilathikulam Taluk, Thoothukudi District.

2. Mr.G.V.Vairom Santhosh, the learned Additional Government Pleader appearing for the respondents, on written instructions which have been received from the fourth respondent, submits that the land in old 2/5

Survey No.21/1 is a natham land and during UDR scheme, it has been registered in the name of one Seenivasan, son of Venkatasamy Naicker and patta No.945 was also issued in favour of the said Seenivasan. A copy of the written instructions has been served to the learned counsel appearing for the petitioner.

3. In view of the submission made by the learned Additional Government Pleader appearing for the respondents, this Writ Petition is disposed of with a liberty to the petitioner to work out his remedy before the concerned Authority. There shall be no order as to costs. 14.07.2023 Index: Yes/No Internet: Yes/No ssb 3/5

To 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The District Revenue Officer, Collectorate-Thoothukudi, Thoothukudi District.

3.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

4.The Tahsildar, Vilathikulam Taluk, Thoothukudi District.

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B.PUGALENDHI, J.

ssb W.P.(MD).No.16709 of 2023 14.07.2023 5/5