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2015 DIGILAW 269 (MAD)

S. Ramasamy v. District Collector, Sivagangai

2015-01-20

B.RAJENDRAN

body2015
Judgment 1. The prayer in the Writ Petition is for a Writ of Mandamus to direct the respondents to survey the entire extent of land in S.No.242/1, New No.242/1A to an extent of 19 hectares 77.50 ares in patta No.1037, Palavankudi Village, Aranmanaipatti Group, Karaikudi Taluk, Sivagangai District. 2. The learned counsel appearing for the petitioner would contend that joint patta has been issued in respect of S.No.242 (1), at Palavankudi Village, Aranmanaipatti Group, Karaikudi Taluk, Sivagangai District for 29 persons including the petitioner. According to him, one of the pattadars has filed a Writ Petition in W.P.(MD).No.7078 of 2014 and the said Writ Petition was disposed of, on 23.12.2014, with a direction to the respondents therein to provide an opportunity not only to the petitioner therein but also the other co-pattathars who would be affected by the nature of the relief sought for by him. Even though there is a specific direction to the authorities concerned, the respondents have not issued any notice to the petitioner and therefore, he made a representation to the authorities concerned on 23.12.2014. Even then, no notice has been issued and according to the learned counsel appearing for the petitioner, the authorities concerned started surveying the aforesaid survey number without issuing any notice to the petitioner. 3. On noticing the aforesaid submission, the learned Special Government Pleader would contend that necessary opportunity will be provided to all the co-pattadars who are going to be affected by virtue of the earlier order made in W.P.(MD).No.7078 of 2014. Heard both sides. 4. A cursory reading of the earlier order made in W.P.(MD).No.7078 of 2014 would make it clear that notice will be issued to the co-pattathars or any other person, who will be affected by the nature of the relief sought for by the petitioner or by any order to be passed. Therefore, in obedience to the earlier order made in W.P.(MD).No.7078 of 2014 and in order to avoid further litigation from the other co-pattathars who have not been impleaded in this Writ Petition, the authorities are directed to issue notice to all the co-pattathars including the petitioner and survey land in question in the presence of all the pattathars, within a period of four months from the date of receipt of a copy of this order. 5. With the above direction, this Writ Petition stands disposed of. Consequently, the connected miscellaneous petition is closed. 5. With the above direction, this Writ Petition stands disposed of. Consequently, the connected miscellaneous petition is closed. No costs.