P.Nagappan vs The District Collector ...
2021 Latest Caselaw 22293 Mad

                                                                                  W.P.No.17001 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 12.11.2021

                                                     CORAM

                            THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                              W.P. No.17001 of 2021
                                           and W.M.P.No.18070 of 2021

                1. P.Nagappan
                2. P.Ramachandran
                3. P.Dilli Baskar                                                 ... Petitioners

                                                         -Vs-
                1. The District Collector Thiruvallur,
                   Thiruvallur District.

                2. The Revenue Divisional Officer,
                   Thiruvallur Divisional Office,
                   Thiruvallur District.

                3. The Tahsildar,
                   Thiruvallur Taluk Office,
                   Thiruvallur District.

                4. V.Chellaya                                                     ... Respondents

                Prayer :- Writ Petition filed under Article 226 of the Constitution of India
                praying for the issuance of a Writ of Mandamus, to direct the respondents 1 to
                3 not to form any pathway in Survey No.138/6 in Perumalpattu Village and
                further direct to issue patta in favour of the petitioners with respect of the lands
                situated in 89, Perumalpattu Village in Survey Nos.138/6, 138/7, 138/8,
                138/9A, 139/9B as per the judgments rendered in A.S.No.42/2007,
                A.S.No.51/2007 and A.S.No.54/2007.

https://www.mhc.tn.gov.in/judis
                Page 1 of 4
                                                                                    W.P.No.17001 of 2021

                                          For Petitioners   : Mr.A.G.Rajan

                                          For Respondents : Mr.Yogesh Kannadasan
                                                            Government Advocate.
                                                        ORDER

The Writ Petition has been filed to direct the respondents 1 to 3

not to form any pathway in Survey No.138/6 in Perumalpattu Village and

further direct to issue patta in favour of the petitioners with respect of the lands

situated in 89, Perumalpattu Village in Survey Nos.138/6, 138/7, 138/8,

138/9A, 139/9B as per the judgments rendered in A.S.No.42/2007,

A.S.No.51/2007 and A.S.No.54/2007.

2. Heard Mr.A.G.Rajan, learned counsel appearing for the

petitioners and Mr.Yogesh Kannadasan, learned Government Advocate

appearing for the respondents.

3. After filing the Writ Petition, the third respondent by the

communication dated 17.09.2021 informed this Court that the Land Surveyor,

Thiruvallur, was directed to survey the land comprised in survey Nos.138/6,

138/7, 138/8, 138/9A, 139/9B and after receipt of the report from the said

Land Surveyor, it will be considered for issuance of patta in favour of the

petitioners.

https://www.mhc.tn.gov.in/judis

W.P.No.17001 of 2021

4. Considering the above submission, third respondent is directed to

pass orders, immediately after receipt of the report from the Land Surveyor, in

respect of the issuance of patta, in favour of the petitioners. Till passing the

order for issuance of patta, the third respondent shall not form any pathway in

survey No.138/6 in Perumalpattu Village, Thiruvallur Taluk & District.

5. With the above directions, the Writ Petition stands disposed of.

Consequently, connected miscellaneous petition is closed. There shall be no

order as to costs.

12.11.2021 Internet : Yes Index : Yes/No Speaking order/Non-speaking order rts

To

1. The District Collector Thiruvallur, Thiruvallur District.

2. The Revenue Divisional Officer, Thiruvallur Divisional Office, Thiruvallur District.

3. The Tahsildar, Thiruvallur Taluk Office, Thiruvallur District.

https://www.mhc.tn.gov.in/judis

W.P.No.17001 of 2021

G.K.ILANTHIRAIYAN, J.

rts

W.P. No.17001 of 2021 and W.M.P.No.18070 of 2021

12.11.2021

https://www.mhc.tn.gov.in/judis