Shankar A.G v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :15.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.23152 of 2022 and W.M.P.(MD)No.941 of 2023 A.G.Shankar ... Petitioner Vs.

1.The District Collector, 2.The District Revenue Officer, District Revenue Office, Dindigul District, Dindigul.

3.The Revenue Divisional Officer, 4.The Tahsildar, East Taluk Ofice, 5.The Assistant Director of Survey & Settlement Officer, Office of the Assistant Director of Survey & Settlement, Dindigul District, Dindigul.

... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents to implement the various direction issued by this Court and the direction issued by the 2nd Respondent dated 09.11.2006 and 21.03.2005 vide Nos.See.Ma.(Pa.Ma.) 8-06-P and Na.Ka.2026-2005-I by conducting survey in respect of land in Survey Nos.11/2 measuring to an extent 3 Acres, 55 Cents, 36/1 measuring to an extent 5 Acres, 09 Cents, 34/1 measuring to an extent 5 Acres, 13 Cents, 34/3 measuring to an extent 1 Acre, 85 Cents, 383/1, 2 measuring to an extent of 54 Cents A.Vellodu Village, Dindigul Taluk and District in order to separate joint holding and fix the meet's and bounds in respect of portion of his share in the petition land and thereupon, to issue an independent patta in respect of these lands within the time stipulated by this Court.

For Petitioner : Mr.V.R.Venkatesan For Respondents : Mr.R.Baskaran, Addl. Advocate General, Asst. by Mr.M.Lingadurai, Spl. Government Pleader.

ORDER

Heard the learned counsel on either side.

2.The petitioner wants this Court to direct the fourth respondent to survey the petition mentioned lands and based on the survey result issue 2/4

independent patta. The prayer is not contested by the respondents. They only seek time. The said request made by the respondents cannot be rejected. I direct the fourth respondent to complete survey of the petition mentioned lands within a period of five months from the date of receipt of a copy of this order. Based on the survey result, patta shall be issued in favour of the petitioner immediately thereafter.

3.The writ petition is allowed on these terms. No costs. Consequently, connected miscellaneous petitions are closed. 15.02.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

1.The District Collector, 2.The District Revenue Officer, District Revenue Office, 3.The Revenue Divisional Officer, 3/4

G.R.SWAMINATHAN, J.

ias 4.The Tahsildar, East Taluk Ofice, 5.The Assistant Director of Survey & Settlement Officer, Office of the Assistant Director of Survey & Settlement, Dindigul District, Dindigul.

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