K.Rajakannu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN K.Rajakannu ... Petitioner Vs.

1. The District Collector Salem Collectorate Salem

2. The Revenue Divisional Officer Salem, Salem District

3. The Tahsildar Tahsildar Office, Salem ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 2 and 3 to conduct enquiry and to make necessary correction as 0.32 cents UDR Patta, Chitta and 'A' Register as 0.32 cents (0.13 Ares) for the land comprised in Survey No.73/74 on the basis of the representation dated 16.10.2020. For Petitioner : M/s.T.Dharani For Respondents : Mr.A.Selvendran Special Government Pleader 1/6

ORDER

This Writ Petition is filed seeking a Writ of Mandamus directing the respondents 2 and 3 to conduct enquiry and to make necessary correction as 0.32 cents UDR Patta, Chitta and 'A' Register as 0.32 cents (0.13 Ares) for the land comprised in Survey No.73/74 on the basis of the representation dated 16.10.2020.

2. The learned counsel for the petitioner submitted that it would suffice if a direction is issued to the respondents to consider the petitioner's representation dated 16.10.2020.

3. Mr.A.Selvendran, learned Special Government Pleader takes notice for the respondents.

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 2/6

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 date of representation of the petitioner is 16.10.2020. However, the present Writ Petition is filed seeking a simple writ of mandamus to consider the representation. In view of the limited prayer sought for in this Writ Petition, without going into the merits of the case, this Court directs the respondents to consider the petitioner's representations dated 16.10.2020 and issue notice to the petitioner, adjacent land owners of the four boundaries of the subject property/interested parties/rival claimants/objectors if any, as the case may be and conduct enquiry in the manner known to law if already not conducted and pass orders on merits and in accordance with law if already not passed, within a period of two months from the date of receipt of a copy of this order.

6. With the above directions, the Writ Petition is disposed of at the admission stage itself. No costs.

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To

1. The District Collector Salem Collectorate Salem

2. The Revenue Divisional Officer Salem, Salem District

3. The Tahsildar Tahsildar Office, Salem 5/6

P.VELMURUGAN. J.

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