K.Marimuthu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.3779 OF 2022 K.Marimuthu ... Petitioner Vs.

1. The District Collector, Collectorate, Salem.

2. The Tahsildar, Salem South Taluk Office, Salem District.

3. The Head Surveyor, Salem South Taluk Office, Salem District.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents herein to consider the petitioner representation dated 15.11.2021 and reminder representation dated 24.01.2022 to measure the boundaries bearing S.No.484/6, T.S.No.32, Ward-D, Block - 39 totally admeasuring 2047(1/2) of land which is situated in Attur Town, Salem District belongs to the petitioner as per Revenue Records and issue separate Patta in favour of the petitioner.

For petitioner : Mr.A.Rajakumar For Respondents : Mr.G.Nanmaran Special Government Pleader

ORDER

The petitioner has filed this petition to direct the respondents herein to consider the petitioner representation dated 15.11.2021 and reminder representation dated 24.01.2022 to measure the boundaries bearing S.No.484/6, T.S.No.32, Ward-D, Block - 39 totally admeasuring 2047(1/2) of land which is situated in Attur Town, Salem District belongs to the petitioner as per Revenue Records and issue separate Patta in favour of the petitioner.

2. Mr.G.Nanmaran, learned Special Government Pleader takes notice for the 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 comprised in S.No.92/4 totally measuring an extent of 10 cents, situated in Kalparapatti village, Salem District. The petitioner made a representation on 15.11.2021 to respondents for the purpose of fixation of boundaries and fixing boundary stones in the said property, and he had again made a reminder representation on 24.01.2022. However, till date no action has been taken by the respondents on the representations made by the petitioner. Hence the present Writ Petition has been filed by the petitioner with the above relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the respondents to consider the representations of the petitioner dated 15.11.2021 and 24.01.2022 within the time frame that may be fixed by this Court.

5. The learned Government Advocate appearing for the respondents submits that the petitioner's representation dated 15.11.2021 and 24.01.2022 will be considered by the respondents within the time frame that may be fixed by this Court.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 15.11.2021 and 24.01.2022, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity to the aggrieved persons if any.

7. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar tri/nhs To

1. The District Collector, Collectorate, Salem.

2. The Tahsildar, Salem South Taluk Office, Salem District.

3. The Head Surveyor, Salem South Taluk Office, Salem District.

+1cc to Government Pleader SR.NO.13078 W.P.No.3779 of 2022 SVI(CO) PM/16/03/2022