P.Sivaraj v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.03.2021

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN WP.No.4610/2021 P.Sivaraj .. Petitioner

Versus

1.The Revenue Divisional Officer Sub Collector Office, Hosur 635109.

2.Gupalliswamy .. Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 1st respondent to dispose of the petitioner's representation dated 21.01.2021 pending before the 1st respondent within a reasonable time.

For Petitioner :

Mr.S.Chandrasekar For R1 :

Mr.R.Vijayakumar Additional Government Pleader

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.] (1)By consent, the writ petition is taken up for final disposal and is disposed of by this order.

(2)Mr.R.Vijayakumar, learned Additional Government Pleader accepts notice on behalf of the 1st respondent. (3)The petitioner claims to have purchased a landed property comprised in Nallur Old Natham S.No.802/3 [part] New Natham S.No.802/3A, admeasuring to an extent of 905 sq.. or 968 sq.ft., at Nallur, Hosur Taluk, Krishnagiri District through a registered Sale Deed bearing Doc.No.4033/2017 dated 15.05.2017 registered on the file of the office of the Sub Registrar, Hosur.

(4)The grievance expressed by the petitioner is that the 2nd respondent had encroached upon the eastern boundary of his property, i.e., Kakanoor Main Road, and started putting up an unauthorised construction and in this regard, a representation dated 21.01.2021 has also been submitted and despite receipt and acknowledgment, no response is forth coming and therefore, the petitioner is constrained to approach this Court by filing this writ petition. (5)The learned counsel for the petitioner has drawn the attention of this Court to the communication emanate from the office of the District Collector dated 27.07.2020 in https://hcservices.ecourts.gov.in/hcservices/

O.Mu.No.16454/2020/H3 addressed to the Assistant Director of Krishnagiri as well as the 1st respondent, forwarded the representation dated 29.06.2020 submitted by the petitioner and to take appropriate action and according to the learned counsel for the petitioner, despite such a communication sent by the superior official, the 1st respondent as well as the Tahsildar, Hosur, did not take any action whatsoever and therefore, the petitioner came forward to file the present writ petition.

(6)The Court heard the submissions of Mr.R.Vijayakumar, learned Additional Government Pleader appearing for the 1st respondent and also perused the materials placed before it. (7)This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the claim projected by him either in his representation or in tis writ petition, directs the 1st respondent to put the 2nd respondent on notice and thereafter, consider and dispose of the petitioner's representation dated 21.01.2021 on merits and in accordance with law and pass appropriate orders within a period of ten weeks from the date of receipt of a copy of this order/uploading of the order in the website and communicate the decision taken, to the petitioner as well as to the 2nd respondent or any other person/s concerned.

(8)The writ petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar AP To The Revenue Divisional Officer Sub Collector Office, Hosur 635109.

+1cc to Mr.Chandra Sekar, Advocate, S.R.No.12682. +1cc to the Government Pleader, S.R.No.13747. WP.No.4610/2021 PMK(CO) CSR 25.03.2021 https://hcservices.ecourts.gov.in/hcservices/