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Madras High CourtWP/4554/2022disposed of

Alamelu v. The Thasildar

2022-03-03Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.4554 of 2022 Alamelu ... Petitioner Vs.

1. The Thasildar, Pochampalli Taluk, Krishnagiri District.

2. The Inspector of Police, Mathur Police Station, Pochampalli Taluk, Krishnagiri District.

... Respondents PRAYER: The Writ Petition filed under Section 226 of Constitution of India, pleased to issue an order or direction or writ in the nature of Writ of Mandamus to direct the respondents to survey the petitioner's land with an extent of 01.24.0 Hectares comprised in S.Nos.2 of Mookkampatti Revenue Village situated at Mookampalli Village, Pochampalli Taluk, Krishnagiri District with Police protection.

For Petitioner : Mr.K.Thiruvengadam For Respondents : Mr.A.Anandan, Government Advocate

O R D E R

Writ Petition has been filed to direct the respondents to survey the petitioner's land with an extent of 01.24.0 Hectares comprised in S.No.2 of Mookkampatti Revenue Village situated at Mookampalli Village, Pochampalli Taluk, Krishnagiri District with Police protection.

2. Since no adverse orders are passed against the respondents, notice to them is not necessary and this Writ Petition is disposed of based on the available materials.

3. The case of the petitioner is that he is the owner of the property comprised in Survey No.2 to the extent of 1.24.0 Hectares in Mookkampatti Revenue Village situated at Mookkampatti Village, Pochampalli Taluk, Krishnagiri District. While being so, the Forest Department had planted Karuvelan trees in the said property. Therefore, the petitioner made a representation to the Forest Department for removal of the trees https://hcservices.ecourts.gov.in/hcservices/

planted in the petitioner's land, for which, the petitioner was advised to survey the land as per the revenue records and remove the trees. Pursuant to which, the petitioner made an application before the 1st respondent to survey the subject property on 29.01.2021 and again on 08.09.2021, as the same were not considered, he made another representation on 02.11.2021. However, till date, the same have not been considered. Hence, the present petition has been filed seeking the aforesaid relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the 1st respondent to consider the petitioner's representations dated 29.01.2021, 08.09.2021 and 02.11.2021 to survey the petitioner's land and dispose of the same in accordance with law within a particular time frame fixed by this Court.

5. The learned Government Advocate has no objection to the said order being passed.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the 1st respondent to consider the petitioner's representations dated 29.01.2021, 08.09.2021 & 02.11.2021 and pass appropriate orders on the same in accordance with law, 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(CS-V) //True Copy// Sub Assistant Registrar rgi/nhs To

1. The Thasildar, Pochampalli Taluk, Krishnagiri District.

2. The Inspector of Police, Mathur Police Station, Pochampalli Taluk, Krishnagiri District.

+1cc to Mr.K.Thiruvengadam, Advocate, S.R.No.13933 +1cc to the Government Pleader, S.R.No.15084 W.P.No.4554 of 2022 GPL(CO) SB(17/03/2022) https://hcservices.ecourts.gov.in/hcservices/