J.Anthony Raj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.1911 of 2022 J.Antony Raj

...Petitioner

Vs.

1. The District Collector, O/o.District Collectorate, Tiruvallur and District.

2. The District Revenue Officer, Office of District Revenue Officer, Thiruvallur,Thiruvallur DT.

3. Tahsildar, Taluk Office, Poonamallee, Chennai.

...Respondents

Prayer:Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the representation dated on 09.09.2021 to pass necessary order to survey the land and issue patta. For Petitioner : Mr.G.Thyagarajan For Respondents: Mr.G.Nanmaran Special Government Pleader

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to consider the representation dated on 09.09.2021 and to pass necessary order to survey the land and to issue patta.

2.The case of the petitioner is that the petitioner is the owner of the subject property and he made representation dated 09.09.2021 to the first respondent seeking to survey the land and to issue patta and since the same has not yet been considered, has filed this writ petition.

3.The learned counsel appearing for the petitioner submitted that this Court may issue direction to the respondents to consider the petitioner's representation dated 09.09.2021 and to pass appropriate orders within a reasonable time frame. 4.The learned Special Government Pleader appearing for the respondents submitted that for survey of the land and for issuance of patta, the petitioner has to make application before the jurisdictional Surveyor and before the third respondent, however, the petitioner has made representation before the first respondent, which is not sustainable one.

5.In response, the learned counsel appearing for the petitioner submitted that the petitioner approached the third respondent for the relief three times and his application dated 01.12.2013 was taken on file by the third respondent in File No.812 of 2013 and receipt for the same was given on 17.12.2013. However, no order was passed. Hence, the petitioner made representation dated 09.09.2021 to the first respondent. 6.In view of the above and considering the limited request made by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the case, directs the petitioner to send copy of the application dated 01.12.2013 which was taken on file by the third respondent in File No.812 of 2013 and copy of the receipt given on 17.12.

2013 along with a copy of this order to the third respondent so as to enable the third respondent to pass appropriate orders. On receipt of the aforesaid copies, the third respondent is directed to consider the petitioner's application in accordance with law and to pass appropriate orders, within a period of twelve weeks thereafter.

7.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar pri To

1. The District Collector, O/o.District Collectorate, Tiruvallur and District.

2. The District Revenue Officer, Office of District Revenue Officer, Thiruvallur,Thiruvallur DT.

3. The Tahsildar, Taluk Office, Poonamallee, Chennai.

+1cc to Mr.G.Thyagarajan, Advocate, S.R.No.8748 +1cc to the Government Pleader, S.R.No.9032 W.P.No.1911 of 2022 PL(CO) RGA(01/03/2022)