Madras High CourtWP/4904/2024disposed of

M.Siva v. The District Collector

2024-02-28Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN M.Siva ... Petitioner versus 1.The District Collector, Collectorate, Krishnagiri District.

2.The Revenue Divisional Officer, Krishnagiri Division, Krishnagiri District.

3.The Thasildar, Pochampalli Taluk, Krishnagiri District.

4.Sivalingam .....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, direct the third respondent to consider petitioner's representation dated 27/07/2023 to survey the land comprised in Old S.No.24/1, New S.No.24/1A1A1 measuring an extent of 0.30 cents and Pg.Nos.1/5

also in S.No.37/1 measuring an extent of 0.15 Cents totaling 0.45 cents at Jambukuttapatti Village, Pochampalli Taluk, Krishnagiri District and issue Patta in petitioner's name.

For Petitioner :

Mr.S.Muthukrishnan For Respondents :

Mr.J.Mohamed Sathik Government Advocate for R1 to R3

O R D E R

Mr.J.Mohamed Sathik, learned Government Advocate accepts notice for respondents 1 to 3. Since this writ petition is being disposed of without passing any adverse orders against 4th respondent affecting his interest, notice to 4th respondent is dispensed with.

2. This writ petition has been filed seeking for issuance of a writ of mandamus directing the third respondent to consider the representation of the petitioner dated 27.07.2023, in and by which, he sought to survey the land in Old S.No.24/1, New S.No.24/1A1A1, measuring an extent of 0.30 cents and S.No.37/1 measuring an extent of 0.15 Cents, totalling 0.45 cents Pg.Nos.2/5

at Jambukuttapatti Village, Pochampalli Taluk, Krishnagiri District and issue Patta in the name of the petitioner.

3. The main grievance of the petitioner is that even though he has given a representation on 27.07.2023, till date the respondents 1 to 3 have not taken any action on the said application.

4. Heard both sides.

5. It is seen that the petitioner has not made the application through online, by remitting requisite fees vide e-challan, seeking to survey the subject properties, as per the prevailing practice in the State. Therefore, the petitioner is directed to submit an application through online, by remitting requisite fees through e-challan, within a period of one week from the date of receipt of a copy of this order. After receipt of the same, the third respondent is directed to pass appropriate orders on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as rival claimants/interested parties/objectors/aggrieved Pg.Nos.3/5

parties if any, as the case may be, within a period of three months from the date of receipt of the online application.

6. With the above directions, this Writ Petition is disposed of. However, there shall be no order as to costs. 28.02.2024 Index: Yes/No Speaking Order : Yes/No ms To 1.The District Collector, Collectorate, Krishnagiri District.

2.The Revenue Divisional Officer, Krishnagiri Division, Krishnagiri District.

3.The Thasildar, Pochampalli Taluk, Krishnagiri District.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 28.02.2024 Pg.Nos.5/5