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Madras High CourtWP/4268/2022disposed of

L.Balakrishnan v. The District Collector

2022-03-01Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI L.Balakrishnan ... Petitioner vs.

1. The District Collector, Collectorate, Salem.

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

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

... Respondents 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 05.02.2022 to measure the boundaries and fix boundary stones bearing S.No.436/7 totally admeasure 50 cents of land which is situated in Appamasamudram Village, Attur Taluk, Salem District belongs to the 1/5

petitioner as per Revenue Records.

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

ORDER

This Writ Petition has been filed seeking for a Writ of Mandamus directing the respondents herein to consider the petitioner's representation dated 15.11.2021 and reminder representation dated 05.02.2022 bearing S.No.436/7 admeasuring 50 cents situated in the above said Village.

2. The case of the petitioner is that originally petitioner's father one Lakshmanan is the owner of the property bearing S.No.436/7 admeasuring 50 cents situated in the above said Village and patta bearing patta number 667 also stood in the name of the father of the petitioner. Thereafter, Lakshmanan died on 20.02.2008 and after his death the petitioner's name and other legal heirs of Lakshmanan were included in the revenue records bearing patta number 1763 stood in the name of the petitioner. Thereafter, petitioner made a representation dated 15.11.2021 and subsequently, sent a reminder representation dated 05.02.2022 to the respondents for fixation of 2/5

boundary stones and for measuring the boundaries of the aforesaid properties as per the revenue records. Since, there was no response on the side of the respondents. The petitioner has approached this Court, seeking aforesaid relief.

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 15.11.2021 and reminder representation dated 05.02.2022 and pass orders on merits within a particular time frame fixed by this Court.

4. The learned Special Government Pleader for respondents has no objection for said order being passed.

5. 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 reminder representation dated 05.02.2022 and pass appropriate orders on merits and in accordance 3/5

with law, after affording opportunity to the petitioner, 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. 01.03.2022 rap/skt Index :

Yes/No Speaking order :

Yes/No To

1. The District Collector, Collectorate, Salem.

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

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

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M.DHANDAPANI, J.

rap 01.03.2022 5/5