Amsath Rani N v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH N.Amsath Rani ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Madurai District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Madurai District.

3.The Tahsildhar, Office of the Tahsildhar, Madurai District.

4.The Head Surveyor, Office of the Head Surveyor, Madurai District.

5.The Village Administrative Officer, Office of the Village Administrative Office, Madurai District.

6.Seiyathoon beevi 7.Darling Chiyamala 8.Fathima 1/10

9.Musthak Ali 10.Asina Banu 11.Mahaboob Ali 12.Samsath ... Respondents (R-6 to R-12 are impleaded vide Court Order dated 20.11.2023 in W.M.P.(MD).No.2531 of 2022 in W.P.(MD).No.21205 of 2021) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 3 and 4 to survey the petitioner's land in Survey No.175/3 A1B, 34/3A1B with the extent of 20 Cents 8720 Square feet and granted sub division patta which is registered in Joint Patta No.137 situated at Siruthoor Village, Madurai North, Madurai District by considering the petitioner's representation dated 29.10.2021. For Petitioner : Mr.S.M.A.Jinnah For R-1 to R-5 : Mr.A.K.Manikkam, Special Government Pleader For R-7 : Mr.S.Alagarsamy For R-6 and R-8 to R-12 : No Appearance

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus directing the respondents 3 and 4 to consider the representation made by the 2/10

petitioner on 29.10.2021, wherein the petitioner has sought for survey of the subject properties.

2. Heard the learned counsel appearing on behalf of the petitioner, the learned Special Government Pleader appearing on behalf of the respondents 1 to 5 and the learned counsel appearing on behalf of the impleaded 7th respondent.

3. When the matter came up for hearing, the learned Special Government Pleader appearing on behalf of the official respondents as well as the learned counsel appearing on behalf of the impleaded seventh respondent submitted that the seventh respondent had filed W.P.(MD).No.1239 of 2020 before this Court for a direction to the third respondent to consider the claim made by the seventh respondent, who was seeking for issuance of patta with respect to the same subject property. This Writ Petition was disposed of by an order dated 07.03.2023 by directing the revenue authorities to deal with the applications and pass appropriate orders within a period of four (4) weeks.

4. The written instructions received from the third respondent was also placed before this Court and it is extracted as such: 3/10

4/10

5/10

6/10

7/10

5. It is clear from the above that already an enquiry was conducted by the third respondent and a report has been submitted before the Revenue Divisional Officer, Madurai and the third respondent is waiting for the final orders to be passed by the Revenue Divisional Officer. Only on completion of this process, the representations made by the petitioner can be considered.

6. In view of the above, the petitioner has to necessarily await for further orders to be passed by the Revenue Divisional Officer, Madurai. In the meantime, the respondents 2 and 3 cannot be directed to conduct any survey in this subject property.

7. This Writ Petition is disposed of accordingly. No costs. 20.11.2023 NCC:yes/no Index:yes/no Internet:yes/no Nsr 8/10

To 1.The District Collector, Office of the District Collector, Madurai District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Madurai District.

3.The Tahsildhar, Office of the Tahsildhar, Madurai District.

4.The Head Surveyor, Office of the Head Surveyor, Madurai District.

5.The Village Administrative Officer, Office of the Village Administrative Office, Madurai District.

9/10

N.ANAND VENKATESH, J.

Nsr 20.11.2023 (2/2) 10/10