B.Suresh v. The Sub Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.01.2024 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.789 of 2024 and W.M.P. No.814 of 2024 1.B.Suresh
2. Sivabalan ... Petitioners Vs.
1. The Sub Collector Sub Collector Office Hosur - 635 109 Krishnagiri District
2. The Tahsildar Taluk Office Hosur - 635 109 Krishnagiri District
3. The Taluk Sub Inspector-Survey Taluk Office Hosur - 635 109 Krishnagiri District ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 3rd respondent to survey the lands admeasuring about 0.04 cents in Survey No.66/3A and 1.89 Acres in Survey No.66/3B, totally to an extent of 1.93 acres of land situated in Alenatham Village, Hosur Taluk, Krishnagiri District and further direct the 2nd respondent to issue Patta in the names of the petitioners within the time to be 1/6
stipulated by this Court based on the representation dated 06.11.2023 given by the petitioners.
For Petitioners : Mr.R.Bharath Kumar For Respondents : Mrs. V.Yamunadevi Special Government Pleader
ORDER
This Writ Petition is filed seeking a Writ of Mandamus directing the 3rd respondent to survey the lands admeasuring about 0.04 cents in Survey No.66/3A and 1.89 Acres in Survey No.66/3B, totally to an extent of 1.93 acres of land situated in Alenatham Village, Hosur Taluk, Krishnagiri District and further direct the 2nd respondent to issue Patta in the names of the petitioners within the time to be stipulated by this Court based on the representation dated 06.11.2023 given by the petitioners.
2. The learned counsel for the petitioners submitted that it would suffice if a direction is issued to the respondents to consider the petitioners' representation dated 06.11.2023.
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3. Mrs.V.Yamuna Devi, learned Special Government Pleader takes notice for the respondents.
4. It is to be noted that this Court, in W.P.No.262 of 2018 (D.Tulasi vs. The District Revenue Officer, Dharmapuri etc. and batch), by order dated 09.06.2023, directed the Department to issue circular in regard to disposal of the application/petition/revision/appeals and etc., within time limit and obey the Court orders and in that regard, the Commissioner of Land Administration has also issued a circular No.R1/2005632/2022 dated 17.07.2023 as to how the matters have to be dealt with and within the period of which, the matters have to be disposed of has been fixed in the circular and inspite of the same, the Departments are not following either the order of this Court or the circular.
5. This writ petition is filed only for issuance of a simple writ of mandamus to direct the respondents to consider the petitioner's representation dated 06.11.2023. Therefore, without going into the merits of the case, this 3/6
Court directs the respondents to consider the petitioner's representations if already not considered and issue notice to the petitioners, adjacent land owners of the four boundaries of the subject property and also to the interested parties/rival claimants/objectors if any, as the case may be and conduct enquiry in the manner known to law and pass orders in accordance with law and dispose of the petitioners' representation within the time as stipulated in the said circular.
6. With the above directions, the Writ Petition is disposed of at the admission stage itself. No costs. The connected Miscellaneous Petition is ordered subject to payment of separate Court fee by the other petitioner. 12.01.2024 ksa-2 Index : Yes / No 4/6
To
1. The Sub Collector Sub Collector Office Hosur - 635 109 Krishnagiri District
2. The Tahsildar Taluk Office Hosur - 635 109 Krishnagiri District
3. The Taluk Sub Inspector-Survey Taluk Office Hosur - 635 109 Krishnagiri District 5/6
P.VELMURUGAN. J.
Ksa-2 12.01.2024 6/6