S.Aravinda Kumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2022 CORAM :

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. No.2786 of 2022 S.Aravinda Kumar ... Petitioner Vs.

1. The District Collector, Collectorate Thiruvarur & District.

2. The Tahsildar, Taluk Office, Thiruvarur & District.

... 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 representation given by the petitioner on 06.112015, 26.09.2016, 21.12.2020 and to conduct survey based on the sale deed dated 17.11.2004 which stats in the name of the petitioner's son and to grant patta for the land bearing S.No.53A/11.

For Petitioner : Mr.P.Vijendran For Respondents : Mr.T.Cheziyan 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 second respondent to consider the representations given by the petitioner on 06.112015, 26.09.2016 and 21.12.2020 and to conduct survey based on the sale deed dated 17.11.2004 which stands in the name of the petitioner's son and to grant patta for the land bearing S.No.53A/11.

2. The learned Special Government Pleader takes notice for the official respondents. In view of the limited relief sought

for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner is the owner of the property in S.No.53A/11 measuring an extent of 17 cents. The petitioner approached Village Administrative Officer to obtain Patta and Chitta. Since, no action was taken, the petitioner filed a suit in O.S.No.73/2011, on the file of the District Munsif Court which was dismissed on 28.03.2013. Thereafter, he gave a representation to Tahsildar, Deputy Tahsildar, District Surveyor and District Collector on 06.11.2015, 26.09.2016, 21.12.2020 respectively. But, till date, no orders have been passed. Hence, this Writ petition is filed with the above said prayer.

4. The learned counsel for the petitioner submitted that it would suffice, if this Court issues direction to the second respondent to consider the petitioner's representations dated 06.11.2015, 26.09.2016 and 21.12.2020 in accordance with law and pass appropriate orders within a particular time frame that may be fixed by this Court.

5. The learned Additional Government Pleader appearing on behalf of the respondents submits that the petitioner's representations dated 06.11.2015, 26.09.2016 and 21.12.2020 will be considered by the second respondent within the time frame fixed by this Court.

6. Considering the facts and circumstances, the second respondent is directed to consider the petitioner's representations dated 06.11.2015, 26.09.2016 and 21.12.2020 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS III) /True Copy// Sub Assistant Registrar

Psa To

1. The District Collector, Collectorate Thiruvarur & District.

2. The Tahsildar, Taluk Office, Thiruvarur & District.

+1cc to Mr.P.Vijendran, Advocate, S.R.No.10076 +1cc to the Government Pleader, S.R.No.10761 W.P. No.2786 of 2022 SSV[co] NSK 09/03/2022