Karuppanan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2024
CORAM
THE HONOURABLE MRS.JUSTICE N.MALA Karuppanan ... Petitioner Vs.
1.The District Collector, Office of the District Collector, Dindigul, Dindigul District.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Palani Division, Dindigul District.
3.The Thasildar, Office of the Thasildar, Vedasandur Taluk, Vedasandur.
Dindigul District.
4.The Surveyor, Office of the Surveyor, Vedasandur Taluk, Dindigul District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to cancel the joint patta and issue separate patta for the lands in Survey Nos.879/1 and 879/3, situated at No.254, Mandapam, Puthu Sriramapuram, Vedasandur Taluk, 1/5
Dindigul District, in favour of the petitioner's name and consequently directing the respondents to Survey the lands and fixed boundaries in Survey Nos. 880 879/1 and 879/3 situated at No.254, Mandapam, Puthu Sriramapuram, Vedasandur Taluk, Dindigul District, by considering petitioner's representation, dated 29.08.2024 in accordance with law within the time stipulated by this Hon'ble Court.
For Petitioner : Mr.R.Rajaselvan For Respondents : Mr.M.Muthumanikkam Government Advocate
O R D E R
The writ petition is filed for writ of Mandamus directing the respondents 1 to 3 to cancel the joint patta and issue separate patta for the lands in Survey Nos.879/1 and 879/3, at No.254, Mandapam, Puthu Sriramapuram, Vedasandur Taluk, Dindigul District, in favour of the petitioner's name and consequently directing the respondents to Survey the lands and fixed boundaries in Survey Nos. 880 879/1 and 879/3, at No.254, Mandapam, Puthu Sriramapuram, Vedasandur Taluk, Dindigul District, by considering petitioner's representation, dated 29.08.2024.
2. The leaned Government Advocate for the respondents, on instructions, submitted that the survey was already conducted on 08.05.2024, by the Village 2/5
Administrative Officer and on the basis of the Village Administrative Officer's report, the second respondent would consider the petitioner's representation, dated 29.08.2024, for cancellation of joint patta and for issuance of separate patta in his name. The learned Government Advocate for the respondents therefore submitted that the writ petition deserved to be dismissed.
3. The cancellation of joint patta and issuance of separate patta can be done only after the survey is conducted. As the survey was already conducted, the petitioner's representation can be disposed of by the second respondent only after the Village Administrative Officer submits the survey report to the second respondent, I am therefore of the view that the writ petition at this stage cannot be entertained and the same is dismissed. No costs. 28.11.2024 NCC:yes/no Index:yes/no Internet:yes/no SN 3/5
To:
1.The District Collector, Office of the District Collector, Dindigul, Dindigul District.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Palani Division, Dindigul District.
3.The Thasildar, Office of the Thasildar, Vedasandur Taluk, Vedasandur.
Dindigul District.
4.The Surveyor, Office of the Surveyor, Vedasandur Taluk, Dindigul District.
N.MALA, J.
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SN 28.11.2024 5/5