Madras High CourtWP(MD)/24106/2017disposed of

Muthuazhagu, v. The District Collecor

2024-09-26Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Muthuazhagu ... Petitioner Vs

1. The District Collecor, Tuticorin District, Tuticorin.

2. The Revenue Divisional Officer, Kovilpatti, Tuticorin District.

3. The Tahsildar, Vilathikulam Taluk, Vilathikulam, Tuticorin District.

4. C.K.P.Ayyanram ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the second respondent to cancel the Sub Division made by the Taluk Surveyor in Survey No.195/3 to an extent of 6 acre 87 cents situated at Vembar village, Vilathikulam Taluk based on the communication of the Assistant Director of District Land Surveyor by his proceedings in Na.Ka.AA. 1/1799/13, dated 04.04.2013 by considering my representation dated

01.12.2017, in accordance with law, within the time stipulated by this Court.

For Petitioner :

Mr.A.Robinson For R1 to R3 :

Mr.P.Thambidurai Government Advocate For R4 :

Mr.S.Kadarkarai

ORDER

This writ petition is filed seeking a mandamus, directing the second respondent to cancel the Sub Division made by the Taluk Surveyor in Survey No.195/3 to an extent of 6 acre 87 cents situated at Vembar village, Vilathikulam Taluk, based on the communication of the Assistant Director of District Land Surveyor by his proceedings dated 04.04.2013, on the basis of petitioner's representation dated 01.12.2017.

2. The impugned order has been passed only on account of the fact that the petition in W.P.(MD)No.1416 of 2024 is pending. Now, the said petition has been dismissed as infructuous. Therefore, now there is no impediment for the second respondent to consider and pass orders on the

said application.

3. In view of the above, this Writ Petition is disposed of with a direction to the second respondent to proceed to hear the petition filed by the petitioner which is the subject matter of the impugned order. The said exercise shall be completed within a period eight (8) weeks from the date of receipt of a copy of this order. No costs. 26.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes jbr

P.T.ASHA, J.

jbr To

1. The District Collecor, Tuticorin District, Tuticorin.

2. The Revenue Divisional Officer, Kovilpatti, Tuticorin District.

3. The Tahsildar, Vilathikulam Taluk, Vilathikulam, Tuticorin District.

26.09.2024