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Madras High CourtWP/845/2024disposed of

A.Christhuraj Antony v. The District Collector

2024-01-12Honourable Mr Justice P. Velmurugan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN A.Christhuraj Antony ... Petitioner Vs.

1. The District Collector The District Collector Office Thiruvannamalai, Thiruvannamalai - 606604

2. The District Revenue Officer The District Collector Office Thiruvannamalai, Thiruvannamalai - 606604

3. The Revenue Divisional Officer The Revenue Divisional Office Kallakurichi Kallakurichi - 606202

4. The Tahsildar The Tahsildar Office

5. The Head Surveyor Survey Department The Tahsildar Office 1/7

6. The Surveyor Surveyor Office Thanipadi

7. The Village Administrative Officer Puthurchekkadi Village Thiruvannamalai - 606708 ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider the representation made by the petitioner dated 03.06.2022 for survey the land in Survey No.408/1B, Puthurchekkadi Village, Thandrampattu Taluk, Thiruvannamalai District and to grant separate Patta in the name of petitioner for 2.75 acres of land in Survey No.408/1B, Puthurchekkadi Village, as per Document No.59/1999 dated 25.01.1999 on the file of SRO, Thanipadi, Thandrampattu Taluk, Thiruvannamalai District within a time frame to be fixed by this Court.

For Petitioner : M/s.M.Reefath For Respondents : Mrs.V.Yamunadevi Special Government Pleader 2/7

ORDER

This Writ Petition is filed seeking a Writ of Mandamus directing the respondents to consider the representation made by the petitioner dated 03.06.2022 for survey the land in Survey No.408/1B, Puthurchekkadi Village, Thandrampattu Taluk, Thiruvannamalai District and to grant separate Patta in the name of petitioner for 2.75 acres of land in Survey No.408/1B, Puthurchekkadi Village, as per Document No.59/1999, dated 25.01.1999 on the file of SRO, Thanipadi, Thandrampattu Taluk, Thiruvannamalai District within a time frame to be fixed by this Court.

2. The learned counsel for the petitioner submitted that the petitioner made a representation dated 03.06.2022 to the respondents to survey the land and to grant a separate Patta and till now, the same has not been considered. Hence, the present writ petition is filed before this Court.

3. Mrs.V.Yamunadevi, learned Special Government Pleader takes notice for the respondents.

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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. The present writ petition is filed only for issuance of a simple writ of mandamus to direct the respondents to consider the petitioner's representation dated 03.06.2022. Therefore, without going into the merits of the case, this Court directs the respondents to consider the petitioner's representation dated 03.06.2022 if already not considered and issue notice to the petitioner, 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 4/7

accordance with law and dispose of the petitioner's representation within the time as stipulated in the said circular.

6. With the above directions, the Writ Petition is disposed of at the admission state itself. There shall be no order as to costs. 12.01.2024 ksa-2 Index : Yes / No To

1. The District Collector The District Collector Office Thiruvannamalai, Thiruvannamalai - 606604

2. The District Revenue Officer The District Collector Office Thiruvannamalai, Thiruvannamalai - 606604

3. The Revenue Divisional Officer The Revenue Divisional Office Kallakurichi Kallakurichi - 606202

4. The Tahsildar The Tahsildar Office 5/7

5. The Head Surveyor Survey Department The Tahsildar Office

6. The Surveyor Surveyor Office Thanipadi

7. The Village Administrative Officer Puthurchekkadi Village Thiruvannamalai - 606708 6/7

P.VELMURUGAN. J.

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