L.Palanivel, S/O. Lakshmanan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI L.Palanivel, S/o Lakshmanan, Secretary, Narimetil Patta Petravargal Vazhvurimai Nala Sangam, T.S.No.1464, West 3rd Street, Pudukkottai.
... Petitioner Vs 1.The District Collector, Pudukkottai.
2.The District Revenue Officer, Pudukkottai.
3.The Revenue Divisional Officer, Pudukkottai.
4.The Tahsildar, Pudukkottai.
...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 to take appropriate action to measure and fix the 1/6
boundaries of property allotted to the members of the petitioner's Society in S.F.No.29/11 of Pudukkottai North Village, within a reasonable time to be fixed by this Court.
For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.A.Baskaran Additional Government Pleader
O R D E R
The petitioner, the Secretary of Narimetil Patta Petravargal Vazhvurimai Nala Sangam with a grievance that the revenue officials have not measured and demarcate the land, which was assigned to the members of the Sangam has approached this Court for a Mandamus, directing the respondents to measure and fix the boundaries of the property in S.F.No.29/11, Pudukottai North Village within a stipulated time.
2.Today(29.01.2024), when this writ petition is taken up for hearing, the learned Additional Government Pleader appearing for the respondents submits that in the event, if the members of the 2/6
petitioner Sangam approached the concerned authority for identification of their property, the respondent would conduct the survey and identify their properties. The learned Additional Government Pleader by referring the order passed by the Division Bench of the Principal Seat of this Court in W.P.No.10412 of 2001, dated 23.02.2007 on the very same survey Number submits that this Court while disposing of that writ petition has granted liberty to the members of the petitioner Sangam to approach the competent authority, if they are interested in obtaining patta. 3.This Court considered the rival submissions made and also perused the materials placed on record.
4.This writ petition was filed for a Mandamus, directing the respondents to measure and fix the boundaries of the property in S.F.No.29/11, Pudukottai North Village within a stipulated time. It is brought to the notice of this Court that on the very same survey number, the Division Bench of this Court has already passed an 3/6
order in W.P.No.10412 of 2001, dated 23.02.2007, granting liberty to the members of the petitioner Association to approach the competent authority. The Division Bench has passed this order on 23.02.2007. Even after that, the Secretary of the petitioner Sangam has not sensitized the members to approach the concerned/competent authority and filed this writ petition in the year 2017. 5.In view of the above, this writ petition is dismissed. No costs.
29.01.2024 NCC:Yes/No Index:Yes/No Internet:Yes vrn 4/6
To 1.The District Collector, Pudukkottai.
2.The District Revenue Officer, Pudukkottai.
3.The Revenue Divisional Officer, Pudukkottai.
4.The Tahsildar, Pudukkottai.
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B.PUGALENDHI, J.
vrn Order made in 29.01.2024 6/6