S.Jayapriya v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.02.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.Jayapriya ... Petitioner versus 1.The District Collector, Office of the Collectorate, Chengalpattu, Chengalpattu District.
2.The Tahsildar, Office of the Tahsildar, Tambaram Taluk, Chengalpattu District.
3.The Land Surveyer, Office of the Tahsildar, Tambaram Taluk, Chengalpattu District.
... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the 2 nd and 3 rd respondents herein to Page No.1/6
consider the representation dated 16.10.2023 accordance with law, and to rectify the defects in the measurements in the Land Sketch as per the revenue records and relevant documents, for the agri-lands comprised in Survey No.29/5A for an extent of 1 Acre (40.50 Ars.), in Survey No.29/5B1B3A for an extent of 22 cents (9Ars.) and Survey No.29/5B1B3B for an extent of 57 cents (23 Ars.) totally 1 Acre 79 cents (72.50 Ars.) situated at Moolacherry Village, Tambaram Taluk, Chengalpattu District. For Petitioner :
Mr.K.Durai Murugan For Respondents :
Mr.T.Arun Kumar Additional Government Pleader
O R D E R
Mr.T.Arun Kumar, learned Additional Government Pleader accepts notice for the respondents. With the consent of both parties, the main writ petition is taken up for final disposal at the admission stage itself.
2. This writ petition has been filed seeking for issuance of a writ of mandamus, directing the respondents 2 and 3 herein to consider the representation of the petitioner dated 16.10.2023 and to rectify the defects in Page No.2/6
the measurements in the Land Sketch as per the revenue records and relevant documents, for the agri-lands comprised in Survey No.29/5A for an extent of 1 Acre (40.50 Ars.), in Survey No.29/5B1B3A for an extent of 22 cents (9Ars.) and Survey No.29/5B1B3B for an extent of 57 cents (23 Ars.) totally 1 Acre 79 cents (72.50 Ars.) situated at Moolacherry Village, Tambaram Taluk, Chengalpattu District.
3.The main grievance of the petitioner is that even though the representation has been made on 16.10.2023 to the first respondent and subsequent reminders dated 01.02.2024 sent to the respondents 1 to 3, till date the respondents have not taken any action on the said representation.
4. This Court, at this stage, is not expressing any view on the merits of the matter, as it is for respondents 2 and 3 to consider and decide the same on merits and in accordance with law. Since this Writ Petition is only for a mandamus simplicitor to consider the representation, this Court directs the Page No.3/6
respondents 2 and 3 to consider the representation of the petitioner, dated 16.10.2023 and pass appropriate orders on merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as the rival claimants/interested parties/objectors, as the case may be, within the stipulated time as stated in Circular No.R1/2005632/2022, dated 17.07.2023 issued by the Commissioner of Land Administration.
5. With the above directions, the writ petition is disposed of. There shall be no order as to costs.
15.02.2024 Index: Yes/No Speaking Order : Yes/No ms Page No.4/6
To 1.The District Collector, Office of the Collectorate, Chengalpattu, Chengalpattu District.
2.The Tahsildar, Office of the Tahsildar, Tambaram Taluk, Chengalpattu District.
3.The Land Surveyer, Office of the Tahsildar, Tambaram Taluk, Chengalpattu District.
Page No.5/6
P.VELMURUGAN, J.
ms 15.02.2024 Page No.6/6