M.Venkatesh v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.4451 of 2022 M.Venkatesh ... Petitioner Vs.

1. The District Collector, Krishnagiri District, Krishnagiri.

2. The Revenue Divisional Officer, Hosur, Krishnagiri District.

3. The Tahsildar, Hosur Taluk, Krishnagiri District.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the third respondent to survey the petitioner property comprised in S.No.234/3 to an extent of 56 Cents situated at Mornapalli Village, Hosur Taluk, Krishnagiri District and to mark the boundaries by considering the petitioner's representation dated 29.09.2016 and 10.01.2022.

For petitioner : Mr.R.Jayaprakash For Respondents : Mr.T.Cheziyan Additional Government Pleader

ORDER

The petitioner has filed this petition seeking direction to the third respondent to survey the petitioner property comprised in S.No.234/3 to an extent of 56 Cents situated at Mornapalli Village, Hosur Taluk, Krishnagiri District and to mark the boundaries by considering the petitioner's representation dated 29.09.2016 and 10.01.2022. 2.Mr.T.Cheziyan, learned Additional Government Pleader

takes notice for the 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 comprised in Old Survey No.234/1B1B, New S.No.234/3 measuring an extent of 56 Cents, situated at Mornapalli Village, Hosur Taluk, Krishnagiri District. The petitioner acquired the property by way of registered Sale Deed on 31.03.2012 in Document No.5625 of 2012, on the file of Sub-Registrar, Hosur. Hence, the petitioner made a representation on 29.09.2016 and 10.01.2022 before respondents to survey and fix the boundary line for the above said property. However, till date no action has been taken by the respondents on the representation made by the petitioner. Hence, the present Writ Petition has been filed by the petitioner for the above relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the third respondent to consider the representation of the petitioner dated 29.09.2016 and 10.01.2022 within the time frame that may be fixed by this Court.

5. The learned Additional Government Pleader appearing for the respondent submits that the petitioner's representation dated 29.09.2016 and 10.01.2022 will be considered by the third respondent within the time frame that may be fixed by this Court.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the third respondent to consider the petitioner's representation dated 29.09.2016 and 10.01.2022, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order.

7. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar tri/nhs

To

1. The District Collector, Krishnagiri District, Krishnagiri.

2. The Revenue Divisional Officer, Hosur, Krishnagiri District.

3. The Tahsildar, Hosur Taluk, Krishnagiri District.

+1cc to Mr.R.Jayaprakash, Advocate, S.R.No.13428 +1cc to the Government Pleader, S.R.No.14161 W.P.No.4451 of 2022 NRJK(CO) SU(22/03/2022)