P.Masilamani, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 22.03.2017
CORAM
THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P.No.5408 of 2017 and W.M.P.Nos. 5736 and 5737 of 2017 P. Masilamani ... Petitioner
Versus
1. The District Collector Thiruvarur
2. The District Revenue Officer Thiruvarur
3. The Assistant Director of Survey and Settlement Thiruvarur
4. The Revenue Divisional Officer, Mannargudi Thiruvarur District 5.The Thasildhar Mannargudi, Thiruvarur District 6.The Special Thasildhar, Mannargudi Thiruvarur District ,
7. P.Swaminath
8. Dhanalakshemi ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of direction and in particular a Writ of Mandamus directing the Respondents 1 to 6 herein to take appropriate speedy action on the Representation Dated 03.04.2015 and 03.05.2015, as per GO MS No.210 Revenue SSI (1) Department Dated 08.07.2011 read with Order 31 of The Revenue Standing Order and the provisions of the Survey and Boundaries Act to measure and cause sub-division and effect name transfer/change of name in the patta and record necessary changes in the Revenue Records in accordance with law, within the prescribed statuary period of one month/30 days.
For Petitioner :
Mr.S.Paneerselvam For Respondents :
Mr.R.S.Selvam Government Advocate for RR1 to 6
ORDER
The petitioner seeks for issuance of a Writ of Mandamus directing the Respondents 1 to 6 herein to take appropriate action on the representation dated 03.04.2015 and 03.05.2015 submitted by him as per GO MS No.210 Revenue SSI (1) Department Dated 08.07.2011 read with Order 31 of The Revenue Standing Order and the provisions of the Survey and Boundaries Act to measure and cause sub-division and effect name transfer/change of name in the patta and record necessary changes in the Revenue Records in accordance with law, within the prescribed statuary period of one month/30 days.
2.
The petitioner claims to have purchased the land comprised in Town Survey No. 3710 in Ward No.1 of Mannargudi Town by means of a registered sale deed dated 21.12.1992 and from the date of such purchase, he is in possession and enjoyment of the said land. After purchasing the land, the petitioner approached the revenue authorities to issue patta in respect of the above land. By a proceedings dated 07.03.2008 of the Town Tahsildar, Thiruvarur, joint patta was issued to the petitioner bearing Patta No. 3028. Subsequently, the 7th and 8th respondents herein have purchased some other plots and with an intention to grab the property of the petitioner, they have attempted to trespass into the property of the petitioner. Therefore, the petitioner submitted representations dated 03.04.2015 and 03.05.2015 seeking to measure his land and to issue patta in his name. As the representation dated 03.04.2015 and 03.05.2015 of the petitioner has not been considered by the respondents, the petitioner is before this Court with this writ petition.
3.
I heard the learned counsel for the petitioner as well as the learned Government Advocate appearing for the respondents 1 to 6. Having regard to the facts and circumstances of the case, without expressing any opinion on merits, the fifth respondent is directed to consider the representation dated 03.05.2015 of the petitioner after affording opportunity to him and others concerned and thereafter pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.
4.
With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellabneous petitions are closed.
To
1. The District Collector Thiruvarur
2. The District Revenue Officer Thiruvarur
3. The Assistant Director of Survey and Settlement Thiruvarur
4. The Revenue Divisional Officer, Mannargudi Thiruvarur District 5.The Thasildhar Mannargudi, Thiruvarur District 6.The Special Thasildhar, Mannargudi Thiruvarur District + One cc to Govt. Pleader in SR.NO. 18320 W.P.No.5408 of 2017 LRS(CO) VS(19/04/2017)