D.Neelaveni v. Sub Divisional Magistrate

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.10.2024 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.No.6248 of 2021 D.Neelaveni ...

Petitioner -vs1. Sub Divisional Magistrate cum Revenue Divisional Officer, Coimbatore (North), Mettupalayam Road, Kavundampalayam, Coimbatore 641 030.

2. District Revenue Officer, C/o Coimbatore Collectorate Complex, Coimbatore.

3. Thashildar, C/o Annur Taluk Office, Annur Post & Taluk, Coimbatore District.

4. Village Administrative Officer, Idikarai Village & Post, Annur Taluk, Coimbatore District.

5. Executive Officer, Idikarai Town Panchayat, Annur Taluk, Coimbatore 641 022.

6. P.Suresh

7. N.Srinivasan

8. N.Balakrishnan

9. N.Mahendran 10.R.Lalitha 11.S.Savithiri 12.D.Rajamani 13.L.Andal 14.R.Sureshkumar ...

Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to call for the records from the 1st respondent relating to his proceedings Mu.Mu.No.126/2021m3 dated 20.01.2021 and quash the same and consequently direct the 2nd respondent to consider and dispose of the application submitted by the petitioner and 5 others on 01.07.2015 before him to rectify the sub-divisions wrongly made in Survey No:288/1C of Idigarai Village, Annur Taluk, Coimbatore District, while updating registry entries in 'A' Register under UDR Scheme. For Petitioner :

Mr.V.Venkkatasamy For Respondents :

Mr.A.Edwin Prabakar State Govt. Pleader for RR 1 to 5 :

Mr.P.Saravana Sowmiyan

for RR 7 and 9 to 14 * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Petitioner is impugning the order dated 20.01.2021 passed by respondent No.1 on various grounds including the ground that this order in 2021 came to be passed when petitioner's representation to respondent No.2, who is a superior officer, has been pending since 2015. This fact, as submitted by petitioner, is not disputed.

2. Therefore, without going into the merits of the matter and keeping open all rights and contentions of petitioner as well as respondents 7 to 14, we quash and set aside the impugned order dated 20.01.2021 and direct respondent No.2 to dispose of the representation dated 01.07.2015. Petitioner, should she wish, may file further submissions/representations to supplement the representation dated 01.07.2015, copy whereof shall be made available to respondents 7 to 14 as well. Respondents 7 to 14 may file a response to that and respondent No.2 shall decide in accordance with law the representation made by

petitioner.

3. Before passing an order, a personal hearing shall be given, notice whereof shall be communicated at least five working days in advance. This order, we make it clear, shall not have any bearing on the merits of the matter and in particular, the suit pending between two parties. Respondent No.2 shall pass orders on or before 31.12.2024. Parties shall maintain status quo until respondent No.2 decides the matter. Writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. (K.R.SHRIRAM., CJ.) (SENTHILKUMAR RAMAMOORTHY, J.) 14.10.2024 Index :

Yes/No NC :

Yes/No sra

To:

1. The Sub Divisional Magistrate cum Revenue Divisional Officer, Coimbatore (North), Mettupalayam Road, Kavundampalayam, Coimbatore 641 030.

2. The District Revenue Officer, C/o Coimbatore Collectorate Complex, Coimbatore.

3. The Thashildar, C/o Annur Taluk Office, Annur Post & Taluk, Coimbatore District.

4. The Village Administrative Officer, Idikarai Village & Post, Annur Taluk, Coimbatore District.

5. The Executive Officer, Idikarai Town Panchayat, Annur Taluk, Coimbatore 641 022.

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY ,J.

(sra) 14.10.2024