← Library
Madras High CourtWP(MD)/26951/2024disposed of

Manikandan v. The District Collector

2024-11-12Honourable Mrs Justice N. Mala6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2024

CORAM

THE HONOURABLE MRS.JUSTICE N.MALA Manikandan ... Petitioner Vs.

1.The District Collector, Tenkasi District, Tenkasi.

2.The Tahsildar, Sankarkovil Taluk, Tenkasi District.

3.The Taluk Surveyor, Sankarankovil Taluk, Tenkasi District.

4.The Inspector of Police, Panavadilichathiram Police Station, Tenkasi District.

5.Palpandian

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to issue separate patta by surveying the lands with the police protection and demarcating the boundaries situated in Punja S.No. 876/1B to an extent of 0.03.0 Ares (out 1/6

of 7 1/2 cent, Eastern part 5 Cent) S.No. 877/1B1 0.00.8 Ares S.No.877/1B1A 0.02.0 Ares S.No.877/1B1B 0.02.0 Ares (14 Cents) in total 19 cents of North Panavadali Village, Sankarankoil Taluk, Tenkasi District with the help of the fourth respondent police protection on the basis of the petitioner's representation, dated 21.10.2024.

For Petitioner : Mr.M.Sankar For R1 to R3 : Mr.R.Ragavendran Government Advocate For R4 : Mr.K.Gnana Sekaran Government Advocate (Crl.Side)

O R D E R

This writ petition has been filed for a direction to the second respondent to issue separate patta by surveying the lands and demarcating the boundaries in Punja S.Nos.876/1B, 877/1B1, 877/1B1A and 877/1B1B to an extent of 0.03.0 Ares (out of 7 1/2 cent, Eastern part 5 Cent), 0.00.8 Ares, 0.02.0 Ares, 0.02.0 Ares (14 Cents) respectively in total 19 cents of North Panavadali Village, Sankarankoil Taluk, Tenkasi District with the help of the fourth respondent, on the basis of the petitioner's representation, dated 21.10.2024. 2/6

2. The petitioner purchased the property in aforesaid survey numbers vide Document No.439/2015, dated 16.03.2015. The petitioner was in possession and enjoyment of the property. While so, the fifth respondent started claiming right over his property. Hence, the petitioner's mother made a complaint against the fifth respondent. During the course of enquiry, the fourth respondent convinced the petitioner's mother and closed the complaint as compromised. When the petitioner tried to survey the lands, the fifth respondent again started troubling. Therefore, the petitioner submitted a representation to the respondents 1 to 4 on 21.10.2024 to survey and demarcate the petitioner's land and also for issuance of separate patta. As no action was taken by the respondents 1 to 4, the petitioner filed the writ petition for the aforesaid relief.

3. With the consent of both learned counsels, the writ petition is taken up for final hearing at the admission stage itself.

4. The learned counsel for the petitioner submits that though a larger relief is claimed in the writ petition, it would suffice if a direction is issued to the second respondent to dispose of the petitioner's representation, dated 21.10.2024 within a time frame fixed by this Court. 3/6

5. Considering the limited submission made by the learned counsel for the petitioner, a direction is issued to the second respondent to consider the petitioner's representation, dated 21.10.2024 and pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

6. Accordingly, this writ petition stands disposed of. No costs. 12.11.2024 NCC:yes/no Index:yes/no Internet:yes/no SN To:

4/6

1.The District Collector, Tenkasi District, Tenkasi.

2.The Tahsildar, Sankarkovil Taluk, Tenkasi District.

3.The Taluk Surveyor, Sankarankovil Taluk, Tenkasi District.

4.The Inspector of Police, Panavadilichathiram Police Station, Tenkasi District.

N.MALA, J.

5/6

SN 12.11.2024 6/6