M.Ganesan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.02.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN M.Ganesan ... Petitioner versus 1.The District Collector, Collectorate, Thirupathur District.
2.The Revenue Divisional Officer, Collectorate, Thirupathur District.
3.The Thasildar, Office of the Thasildar, Natrampalli Taluk, Thirupathur Disrict.
... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the third respondent to consider and Page No.1/6
pass order on the petitioner's application dated 19.12.2023 to rectify the measurement of land in S.No.221/3 and dispose of the same within the time frame that may be fixed by this Court.
For Petitioner :
Mr.S.Arokia Maniraj For Respondents :
Mr.A.Selvendran Special Government Pleader
O R D E R
Mr.A.Selvendran, learned Special Government Pleader accepts notice for the respondents. With the consent of both the parties, this 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 third respondent to consider the petitioner's application dated 19.12.2023, wherein and whereby, he sought to rectify the measurements of land in S.No.221/3 in Puthagaram Village, Tiruppathur Page No.2/6
District and Taluk, and dispose of the same within a time frame that may be fixed by this Court.
3. The main grievance of the petitioner is that even though the application/representation has been made on 19.12.2023 to the respondents and the District Revenue Officer, Thiruppathur had already given directions to the third respondent to conduct enquiry, till date the same has not been considered by the respondents.
4. The learned Special Government Pleader for the respondents would submit that the application of the petitioner will be considered on merits and in accordance with law.
5. This Court, at this stage, is not expressing any view on the merits of the matter, as it is for the third respondent to consider and decide the same Page No.3/6
on merits and in accordance with law. Since this Writ Petition is only for a mandamus simplicitor to consider the application/representation, this Court directs the third respondent to consider the application/representation of the petitioner, dated 19.12.2023 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/ adjacent owners, as the case may be. Such exercise shall be completed within the stipulated time as stated in Circular No.R1/2005632/2022, dated 17.07.2023 issued by the Commissioner of Land Administration.
6. With the above directions, the writ petition is disposed of. There shall be no order as to costs.
16.02.2024 Index: Yes/No Speaking Order : Yes/No ms Page No.4/6
To 1.The District Collector, Collectorate, Thirupathur District.
2.The Revenue Divisional Officer, Collectorate, Thirupathur District.
3.The Thasildar, Office of the Thasildar, Natrampalli Taluk, Thirupathur Disrict.
Page No.5/6
P.VELMURUGAN, J.
ms 16.02.2024 Page No.6/6