← Library
Madras High CourtWP/19863/2013disposed of

Mrs. V.Selvakumari v. The District Collector

2020-07-21Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.19863 of 2013 V.Selvakumari ... Petitioner Vs.

1.The District Collector, Vellore District, Vellore .

2.The District Revenue Officer, Vellore.

3.The Revenue Divisional Officer, Vellore.

4.The Tahsildar, Katpadi, Vellore District.

5.Muthappa Reddy 6.Shanmugam 7.Vijayakumar ... Respondents Petition filed under Article 226 of the Constitution of India for issuing a writ of mandamus to direct the 1st respondent to consider the petitioner's representation dated 24.12.2012 followed by reminders made on 18.03.2013 and 29.04.2013 requesting to cancel the wrong sub-division made in the petitioner's land situated in New Survey No.424/4 (Old Survey No.265), Kazhinjur Village, Katpadi Taluk and Vellore District within a reasonable time to be fixed by this Court. For Petitioner : Mr.R.Neelakandan For Respondents: Ms.A.Madhumathi, Special Government Pleader (R1 to R4) R5 to R7 - no appearance

O R D E R

The petitioner has filed the above Writ Petition to issue a writ of mandamus to direct the 1st respondent to consider the petitioner's representation dated 24.12.2012 followed by reminders made on 18.03.2013 and 29.04.2013 requesting to cancel the wrong sub-division made in the petitioner's land situated in New Survey No.424/4 (Old Survey No.265), Kazhinjur Village, Katpadi Taluk and Vellore District within a reasonable time.

2.Mr.R.Neelakandan, learned counsel appearing for the petitioner submitted that the petitioner has given a representation dated 24.12.2012 to cancel the wrong sub-division and to sub-divide the property in a proper manner, however, the 2nd respondent has not passed any order so far. 3.Ms.A.Madhumathi, learned Special Government Pleader appearing for the respondents 1 to 4 submitted that the 2nd respondent may be directed to consider the petitioner's representation dated 24.12.2012 and pass orders in accordance with law, after giving notice to the respondents 5 to 7. 4.It is brought to the notice of this Court that the petitioner has not given any representation to the 2nd respondent so far.

5.In these circumstances, the learned counsel for the petitioner submitted that the petitioner would give a fresh representation to the 2nd respondent within two weeks' time. 6.Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the learned counsel for the petitioner, without expressing any opinion with regard to the merits of the case, I direct the petitioner to give a fresh representation to the 2nd respondent within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the 2nd respondent is directed to consider the petitioner's representation and pass orders, on merits and in accordance with law, after giving notice to the respondents 5 to 7, within a period of twelve (12) weeks thereafter.

7.With these observations, the Writ Petition is disposed of. No costs.

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar va

To 1.The District Collector, Vellore District, Vellore .

2.The District Revenue Officer, Vellore.

3.The Revenue Divisional Officer, Vellore.

4.The Tahsildar, Katpadi, Vellore District.

+1 CC to Govt. Pleader sr 25050.

W.P.No.19863 of 2013 MG(CO) SP(29/07/2020)