Muthusamy v. The District Collector,

In the High Court of Judicature at Madras Dated: 11.01.2017 Coram The Honourable Mr.JUSTICE B.RAJENDRAN W.P.No.910 of 2017 Muthusamy [ PETITIONER ] Vs 1.The District Collector, Namakkal.

2.The District Revenue Officer, Namakkal.

3.The Revenue Divisional Officer, Tiruchengode.

4.The Thasildar, Tiruchengode.

5.Nachimuthu Gounder 6.Manivel 7.Kaveri @ Marayee 8.Kunjammal @ Rasammal [ RESPONDENTS] Prayer: Writ petition filed under Article 226 of the constitution of India for issuance of a writ of mandamus to direct the second respondent to consider the petitioner's representation dated 18.01.2016 for cancellation of sub divisions relating to Survey Nos.80/2(A), 2(B), 2(C) and 2(D) of Andrapatti Village, Tiruchengode Taluk, Namakkal District and rectify the errors occurred therein within the time to be stipulated by this court.

For Petitioner : Mr.R.Bharath Kumar For Respondents : Mr.P.V.Selvakumar Additional Government Pleader

O R D E R

Seeking a direction to the second respondent to consider his representation dated 18.01.2016, the petitioner has come up with the present Writ Petition.

2.

According to the petitioner, the Revenue Officials without issuing any notice to the petitioner have erroneously subdivided the lands without providing proper access to enjoy his property. Therefore, he submitted a representation dated 18.01.2016 to the first respondent requesting to cancel the erroneous sub divisions in the land in Survey Numbers 80/2(A), 2 (B), 2(C) and 2(D) and to rectify the errors as to enable both the parties to enjoy their respective shares peacefully and on the same, the first respondent forwarded the same to the third respondent. The third respondent through his proceedings dated 28.01.2016 requested the Tahsildar to conduct an enquiry but he has not conducted enquiry so far.

3. Further according to the petitioner, the second respondent, the District Revenue Officer is the competent authority to act upon his representation. Pending consideration of the same, the petitioner is before this Court. 4.

Heard the learned counsel on either side and perused the material documents available on record.

5.

Considering the facts and circumstances of the case, this Court directs the second respondent to consider the petitioner's representation dated 18.01.2016 on merits and in accordance with law, after giving an opportunity of hearing to the parties, and pass appropriate orders as expeditiously as possible.

This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

vri To 1.The District Collector, Namakkal.

2.The District Revenue Officer, Namakkal.

3.The Revenue Divisional Officer, Tiruchengode.

4.The Thasildar, Tiruchengode.

+1cc to Mr.R. Bharath Kumar, Advocate, S.R.No.3230 +1cc to the Government Pleader, S.R.No.3038 ev(CO) md(08/02/2017) W.P.No.910 of 2017