P.Annadurai 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.4866 of 2022 P.Annadurai ...Petitioner vs.

1. The District Collector, Salem District.

2. The Tahsildar, Yercaud Taluk, Salem District.

3. The Taluk Head Surveyor, Yercaud Taluk, Salem District. ... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 09.03.2021 and thereby direct the respondents to measure the property situated in Survey Nos.1A/1 extend 16.44.5 hector and Survey No.3A extend 2.65.0 hector, total extend of 19.9.50 hector, as per the Patta No.77, Kottachedu Village, Yercaud Taluk, Salem District by erecting milestones.

For Petitioner : Mr.B.Sundarapandiyan For Respondents : Mr.G.Nanmaran Special Government Pleader

ORDER

This writ petition has been filed seeking issuance of a writ of Mandamus directing respondents to consider the petitioner's representation dated 09.03.2021 and to measure the petitioner's property situate in Survey Nos.1A/1 and 3A, Kottachedu Village, Yercaud Taluk, Salem District in respect of Patta No.77 admeasuring an extent 16.44.5 hectares and 2.65.0 hectares respectively, totaling 19.9.50 hectares.

2. The case of the petitioner is that, the petitioner purchased the property in S.No.3A of an extent of 19.9.50 hectares situated in above said Village from Sheveroy Estates Ltd., by way of a sale deed vide Document No.379 of 2002 dated 11.11.2002 on the file of Sub Registrar Yercaud Taluk, Salem District. Thereafter, the petitioner is in absolute possession and enjoyment of the above said property and all Revenue Records were mutated in the name of the petitioner in Patta No.77. When that being so, the petitioner made a representation dated 09.03.2021 to survey the above said land situated in said Village. Since the same was not acted upon by the respondents, the petitioner has come up with the present Writ Petition seeking 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 representation dated 09.03.2021 and pass orders on merits within a particular time frame fixed by this Court.

4. The learned Special Government Pleader for respondents has no objection for said order being passed.

5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 09.03.2021 and pass appropriate orders on merits and in accordance with law, after affording opportunity of hearing to the petitioner within a period of twelve weeks from the date of receipt of a copy of this order.

7.This writ petition is accordingly disposed of. No costs. SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR

rap/nhs To

1. The District Collector, Salem District.

2. The Tahsildar, Yercaud Taluk, Salem District.

3. The Taluk Head Surveyor, Yercaud Taluk, Salem District.

+1cc to M/s.B.Sundarapandiyan, Advocate Sr.14949 +1cc to the Government Pleader Sr.15908 W.P.No.4866 of 2022 pmk[co] srg 31/03/2022