K.Sathyamoorthy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :11.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.5604 of 2022 and W.M.P.No.5694 of 2022 K.Sathyamoorthy ... Petitioner Vs.

1. The District Collector, District Collector Office, Dharmapuri Salem Main Road, Dharmapuri District.

2. The District Revenue Officer, District Collector's Office, Dharmapuri Salem Main Road, Dharmapuri District.

3. The Revenue Divisional Officer, Revenue Division Office, Hosur, Hosur Taluk, Dharmapuri District.

4. The Tahsildar, Taluk Office, Pappireddipatty, Hosur Taluk, Dharmapuri District.

5. C.Elavarasan ... Respondents Prayer :

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 24.12.2021 and pass appropriate orders. For Petitioner : Mr.M.D.Thirunavukkarasu For Respondents : Mr.T.Chezhiyan Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking for issuance of a

Writ of Mandamus to direct the respondents to consider the representation of the petitioner dated 24.12.2021 and pass appropriate orders.

2. The learned Additional Government Pleader takes notice for the official respondents. In view of the limited relief sought for in this petition and on the consent of the learned counsel appearing on either side, this petition is taken up for final disposal.

3. Since no adverse order is being passed as against the private respondent, notice to the private respondent is dispensed with.

4. The case of the petitioner is that the petitioner's father is the owner of the property an extent of 0.81 acres in Survey No.112/6, together with the pathway in the adjacent land comprised in Survey Nos.112/5 and 112/4 in Erumayanpatti Village, Pappireddypatty Taluk, Dharmapuri District, through a Sale deed dated 30.06.1976, registered as Document No.1019/1976, on the file of Sub-Registrar, Harur, Dharmapuri District. After petitioner's father passed away in the year 1998, petitioner become the owner of the said properties. In the year 2019, the 4th respondent has wrongly issued computerized Patta No.1081, in Survey Nos.112/4A, 112/4B and 112/4C to one Elavarasan. Hence, petitioner made several representations to the respondents, he made his last representation on 24.12.2021. However, till date no orders have been passed. Hence, this writ petition is filed with the above said prayer.

5. The learned counsel appearing for the petitioner submitted that it would suffice, if this Court issues a direction to the respondents to consider the petitioner representation dated 24.12.2021 and pass orders within the time frame that may be stipulated by this Court.

6. The learned Additional Government Pleader appearing on behalf of the official respondents submitted that the petitioner's representation dated 24.12.2021 will be considered by the respondents within a time frame that may be fixed by this Court.

7. Without going into the merits of the case the respondents are directed to consider the petitioner representation dated 24.12.2021 and pass orders on merits and in accordance with law, after affording opportunity of hearing to the 5th respondent, within a period of twelve weeks from the date of receipt of a copy of this order.

8. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Psa To

1. The District Collector, District Collector Office, Dharmapuri Salem Main Road, Dharmapuri District.

2. The District Revenue Officer, District Collector's Office, Dharmapuri Salem Main Road, Dharmapuri District.

3. The Revenue Divisional Officer, Revenue Division Office, Hosur, Hosur Taluk, Dharmapuri District.

4. The Tahsildar, Taluk Office, Pappireddipatty, Dharmapuri District.

+1cc to the Government Pleader, S.R.No.17060 W.P. No.5604 of 2022 SPD(CO) CT 24/03/2022