A.Kuraitheertha Kumaran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.02.2022 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.4059 of 2022 and W.M.P.No.4200 of 2022 A.Kuraitheertha Kumaran ... Petitioner Vs.
1.The District Collector, Cuddalore District, Cuddalore.
2.The Tahsildar, Panuti Taluk, Cuddalore District.
3.The Block Development Officer/ Panchayat Development Officer, Keelkanagayankuppam Village, Panchayat Board, Panruti Taluk, Cuddalore District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd and 3rd respondents herein to survey the petitioners property based on his representation dated 14.02.2022 and to file a report, till then not to take any coercive action against the petitioner property situated at Keelkanagayankuppam Village Panruti Taluk, Cuddalore District comprised in Survey No.127/1 having an extent of 0.13 cents or 509 Sq.Meter. For Petitioner : Mr.R.Ramesh For R1 & R2 : Mr.A.Anandan Government Advocate For R3 : Mrs.V.Yamuna Devi Special Government Pleader
O R D E R
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, to direct the 2nd and 3rd respondents herein to survey the petitioners property based on his representation dated 14.02.2022 and to file a report, till then not to take any coercive action against the petitioner property situated at Keelkanagayankuppam Village Panruti Taluk, Cuddalore District comprised in Survey No.127/1 having an extent of 0.13 cents or 509 Sq.Meter.
2. The learned Special Government Pleader takes notice to the official 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 situated at Keelkangayankuppam Village Panruti Taluk, Cuddalore District comprised in Survey No.127/1 having an extent of 0.13 cents or 509 sq.Meter of land. However, without any orders the 2nd and 3rd respondents are trying to hold the boundaries in the petitioner's land for which the petitioner made a representation on 14.02.2022. However, till date no orders have been passed. Hence this Writ Petition is filed.
4. The learned counsel for the petitioner submitted that it would suffice, if this Court issue a direction to the 2nd and 3rd respondents herein to consider the petitioner's representation dated 14.02.2022 in accordance with law and pass appropriate orders within a particular time frame fixed by this Court.
5. The learned Special Government Pleader appearing on behalf of the respondent submits that the petitioner's representation dated 14.02.2022 will be considered by the respondents within the time frame fixed by this Court.
6. Considering the facts and circumstances, the 2nd and 3rd respondents are directed to consider the petitioner's representation dated 14.02.2022 and pass orders in accordance with law, after affording an opportunity of hearing to the petitioner and aggrieved person, if any, within a period of twelve weeks from the date of receipt of a copy of this order.
7. with the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-VIII) // True Copy // Sub Assistant Registrar Psa To 1.The District Collector, Cuddalore District, Cuddalore.
2.The Tahsildar, Panruti Taluk, Cuddalore District.
3.The Block Development Officer/ Panchayat Development Officer, Keelkanagayankuppam Village, Panchayat Board, Panruti Taluk, Cuddalore District.
+1cc to Mr.R.Ramesh, Advocate SR.No.12913 +1cc to the Government Pleader, SR.No.13407 W.P. No.4059 of 2022 AK-II(CO) CB(17/03/2022)