M.Jeelan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.03.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.4997 of 2022 M.Jeelan
...Petitioner
vs.
1. The District Collector, Dharmapuri District.
2. The District Revenue Officer, Dharmapuri District.
3. The Tahsildar, Nallampalli Taluk, Dharmapuri District.
4. The Inspector of Police, Adhiyamankottai Police Station, Dharmapuri District.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 3rd respondent to consider the petitioner's online application dated 04.01.2022 to survey and mark the boundaries for his land in survey No.4/13B in Mittareddihalli Village, Nallampalli Taluk, Dharmapuri District and consequently direct the 4th respondent to provide adequate police protection while at the time of measuring the land.
For Petitioner :
Mr.Krishnasamy Chinnasamy For Respondents :
Mr.M.Murali Government Advocate
ORDER
This writ petition has been filed seeking for issuance of a writ of Mandamus directing the 3rd respondent to consider the petitioner's online application dated 04.01.2022 to survey and mark the boundaries for his land in survey No.4/13B in Mittareddihalli Village, Nallampalli Taluk, Dharmapuri District and consequently direct the 4th respondent to provide adequate police protection while at the time of measuring the land.
2. The case of the petitioner is that, the petitioner purchased a land along with his friend one Saravanan from Nanjudan and another of an extent of 1.35 Acres in S.No.4/13 situate in above said Village through a sale deed vide Document No.2034/2017. When that being so, they made a representation to the respondents to demarcate and to issue patta to their property out of which, the respondents sub divided the property as S.No.4/13B of an extent of 0.54.66 Hectares and issued Patta No.1578 in favour of them. However, due to the trouble given by the adjacent land owners namely one Vasantha and others by way of extending their borders in petitioner's land, he made a representation to the 3rd respondent dated 12.01.2022 to survey and mark the boundaries in respect of the above said land situated in the above said Village. Even after the payment of necessary fee through online dated 04.01.2022, the 3rd respondent did not come forward to survey the above said land. Hence, the petitioner has come up with the present Writ Petition with the 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 online representation dated 04.01.2022 and pass orders on merits within a particular time frame fixed by this Court.
4. The learned Government Advocate for respondents has no objection for said order being passed.
5. In view of the aforesaid submissions, this Court directs the petitioner to submit a copy of the representation along with a copy of this order before the 3rd 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 3rd respondent is directed to consider the petitioner's representation and dispose of the same within a period of 10 weeks thereafter, after affording an opportunity of hearing to the petitioner on merits and in accordance with law .
6. This writ petition is accordingly disposed of. No costs. Consequently connected miscellaneous petition is closed. -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar rap
To
1. The District Collector, Dharmapuri District.
2. The District Revenue Officer, Dharmapuri District.
3. The Tahsildar, Nallampalli Taluk, Dharmapuri District.
4. The Inspector of Police, Adhiyamankottai Police Station, Dharmapuri District.
+1cc to the Government Pleader, Sr.No.15896 W.P.No.4997 of 2022 PMK(CO) RN(30/03/2022)