P.Krishna Moorthy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.02.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.3143 of 2022 P.Krishna Moorthy
...Petitioner
vs.
1.
The District Collector 2.
The Tahsildar, Thiruchengode Taluk, 3.
The Surveyor, Thiruchengode Taluk Office, 4.
The Special Tahsildar, Adi dravidar Welfare, Namakkal, Namakkal District.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus and direct the 1st to 3rd respondents to dispose of the survey and measurement application Challan Numbers:20210927544534, 20211025683825 filed by the petitioner dated 27.09.2021 and 25.10.2021 in survey No.99/9A, 99/18, 99/19, 99/12, 99/13, 99/10, 99/1B99/2, 99/3B, 99/5C, 99/6 and 99/20A, 99/9B in Elanagar Village, Tiruchengode Taluk, For Petitioner : Mr.S.Ramajayam For Respondents : Mr.T.Chezhiyan Additional Government Pleader
ORDER
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to direct the 1st and 3rd respondents to dispose of the survey and measurement application Challan Numbers:20210927544534, 20211025683825 filed by the petitioner dated 27.09.2021 and 25.10.2021 in survey No.99/9A, 99/18,
99/19, 99/12, 99/13, 99/10, 99/1B99/2, 99/3B, 99/5C, 99/6 and 99/20A, 99/9B in Elanagar Village, Tiruchengode Taluk, Namakkal District.
2.The case of the petitioner is that the survey No.99/9A, 99/18, 99/19, 99/12, 99/13, 99/10, 99/1B99/2, 99/3B, 99/5C, 99/6 and 99/20A, 99/9B in Elanagar Village, Tiruchengode Taluk, Namakkal District are owned by the father of the petitioner namely Palaniappan. He has purchased the said properties in the year 1990 from Karuppannan, son of Kolandagounder and his daughter K.Rajeswari. Thereafter, the properties were settled by way of a Settlement Deed in favour of the petitioner on 17.11.202. Thereafter, the petitioner made an Application before the 2nd and 3rd Respondents dated 27.09.2021 and 25.10.2021 to survey and measure the properties. However, till date no order has been passed. Hence, the present Writ Petition is filed. 3.
Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the respondents to consider the petitioner's representation dated 27.09.2021 and 25.10.2021 and pass orders on the same within a particular time frame fixed by this Court. 4.The Additional Government Pleader has no objection for said order being passed and he fairly conceded that the petitioner's representation dated 27.09.2021 and 25.10.2021 will be considered and appropriate orders will be passed within the time stipulated by this Court.
5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the 1st and the 3rd respondents to consider the petitioner's representation dated 27.09.2021 and 25.10.2021 on merits and in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order. This writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar skt/gd To:
1. The District Collector
2. The Tahsildar, Thiruchengode Taluk,
3. The Surveyor, Thiruchengode Taluk Office,
4. The Special Tahsildar, Adi dravidar Welfare, Namakkal, Namakkal District.
+1cc to Mr.S.Ramajayam, Advocate, S.R.No.10912 +1cc to the Government Pleader, S.R.No.12019 W.P.No.3143 of 2022 SVI(CO) RGA(17/03/2022)