Chinnaraj v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.03.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.5370 OF 2022 W.M.P.NO.5466 OF 2022 Chinnaraj ... Petitioner Vs.
1. The District Collector, Dharmapuri District.
2. The District Revenue Officer, Dharmapuri District, Dharmapuri.
3. The Revenue District Officer, Pennagaram Division, Dharmapuri District.
4. The Tahsildar, Pennagaram Taluk, Dharmapuri District.
... Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents one and three to consider the representation dated 18.02.2022 and direct the fourth respondent not put up any road over the petitioner's property situated at 714/2, 714/6 and 714/4 in Sunghalnatham Village, Pennagaram Taluk, Dharmapuri under due process of law.
For petitioner : Mr.M.Selvam For Respondents : Mr.M.Murali Government Advocate
ORDER
The petitioner has filed this petition seeking direction to the respondents one and three to consider the representation dated 18.02.2022 and direct the fourth respondent not put up any road over the petitioner's property situated at 714/2, 714/6 and 714/4 in Sunghalnatham Village, Pennagaram Taluk, Dharmapuri under due process of law.
2. Mr.M.Murali, learned Government Advocate 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 Survey No.714/2, 714/6 and 714/4, situated at Sunghalnatham Village, Pennagaram Taluk, Dharmapuri. Petitioner had acquired the property by a registered Sale Deed bearing No.840/2003 on the file of the Sub-Registrar Office, Pennagaram, Dharmapuri District. However, the fourth respondent is trying to lay a road in the above said property, objecting the same, the petitioner made a representation to the respondents on 18.02.2022. 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 respondents to consider the petitioner's representation dated 18.02.2022 within the time frame that may be fixed by this Court.
5. The learned Government Advocate appearing for the respondents submits that the petitioner's representation dated 18.02.2022 will be considered by respondents 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 respondents to consider the petitioner's representation dated 18.02.2022, 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. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar tri/skt To
1. The District Collector, Dharmapuri District.
2. The District Revenue Officer, Dharmapuri District, Dharmapuri.
3. The Revenue District Officer, Pennagaram Division, Dharmapuri District.
4. The Tahsildar, Pennagaram Taluk, Dharmapuri District.
+1cc to Mr.M.Selvam , Advocate, S.R.No.15804 +1cc to the Government Pleader, S.R.No.16650 W.P.No.5370 of 2022 & W.M.P.No.5466 of 2022 PMK(CO) PM/25/03/2022