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Madras High CourtWP(MD)/19175/2023disposed of

Indhurani v. The District Collector

2023-08-08Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP.(MD).No.19175 of 2023 Indhurani ... Petitioner Vs 1.The District Collector, Madurai District.

2.The District Revenue Officer, District Revenue Office, Madurai District.

3.The Tahsildar, Madurai East Taluk, Madurai District.

4.The Zonal Deputy Tahsildar, Madurai East Taluk, Madurai District.

5.The Taluk Deputy Inspector, Madurai East Taluk, Madurai District.

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6.The Village Administrative Officer, Mangulam II Pit Village, Madurai East Taluk.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 3 to 6 to implement the order passed by the second respondent by his proceeding in Ne.Mu.No.48749/2020/G5 dated 01.03.2022 and consequently restored the petitioner's old S.No.149/5A and to issue the separate patta in the petitioner's name for remaining extent of 12 cents out of 65 cents, which is situated at Mangulam II Pit, Madurai East Taluk, Madurai District within the time stipulated by this Court.

For Petitioner : Mr.K.Mahendran For Respondents : Mr.P.T.Thiraviam Government Advocate

O R D E R

The petitioner has approached this Court that the order of the District Revenue Officer for sub-dividing the land and issuing patta in favour of the petitioner in the year 2022 has not been considered by the Tahsildar/third respondent.

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2. The learned counsel appearing for the petitioner by referring to the proceedings of the District Revenue Officer in Ne.Mu.No.48749/2020/G5, dated 01.03.2022 submitted that the application of the petitioner, dated 19.12.2020 was duly enquired by the District Revenue Officer and orders have been passed on 01.03.2022. Based on the proceedings of the District Revenue Officer further order has been passed by the Tahsildar on 20.04.2022 directing the Zonal Deputy Tahsildar to carry out the same.

3. The learned Government Advocate appearing for the respondents submitted that the same is under consideration. 4.This Court considered the rival submissions made.

5. The representation of the petitioner for sub-division and for issuing separate patta in favour of the petitioner in the year 2020 3/6

was considered by the District Revenue Officer in the month of March 2022 and directions were issued to the Tahsildar to carry out the same. The Tahsildar, in turn, has issued further directions to the Zonal Deputy Tahsildar in the month of April 2022. Now the Zonal Deputy Tahsildar is taking a stand that the proceeding is still pending.

6. Considering the fact that the order has already been passed by the District Revenue Officer in the year 2022 directing the Tahsildar to take a decision, the third respondent/Tahsildar shall take a decision based on the proceedings of the District Revenue Officer, as expeditiously as possible, preferably, within a period of two weeks from the date of receipt of a copy of this order. No costs.

7. The writ petition is disposed of.

NCC : Yes / No.

Index : Yes / No.

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Internet : Yes am To 1.The District Collector, Madurai District.

2.The District Revenue Officer, District Revenue Office, Madurai District.

3.The Tahsildar, Madurai East Taluk, Madurai District.

4.The Zonal Deputy Tahsildar, Madurai East Taluk, Madurai District.

5.The Taluk Deputy Inspector, Madurai East Taluk, Madurai District.

6.The Village Administrative Officer, Mangulam II Pit Village, Madurai East Taluk.

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B.PUGALENDHI, J.

am Order made in WP.(MD).No.19175 of 2023 08.08.2023 6/6