K. Ponniammal, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :18.03.2022 CORAM :

THE HONOURABLE MR.JUSTICE M. DHANDAPANI W.P. No.25735 of 2015 K.Ponniammal

...Petitioner

Vs.

1. The District Collector of Vellore, Collectorate, Sathuvachari, Vellore.

2. The Thasildhar of Walaja, Taluk Office, Walaja Taluk, Walajapet, Vellore District.

3.Rajendran

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the 2nd respondent to consider the petitioner's representation dated 08.06.2015, and further direct the 2nd respondent to survey the lands and give it to the petitioner as per decree in favour of the petitioner and mentioned as item 1 to 6 and 8 in the schedule mentioned in decree dated 25.06.2014 in O.S.No.63/2016, on the file of District Munsif Court Sholinghur.

For Petitioner : M/s.A.Gouthaman For Respondents : Mr.R.P.Murugan Raja Government Advocate

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the 2nd respondent to consider the petitioner's representation dated 08.06.2015, and further direct the 2nd respondent to survey the lands and give it to the petitioner as per decree in favour of the petitioner and mentioned as item 1 to 6 and 8 in the schedule mentioned in

decree dated 25.06.2014 in O.S.No.63 of 2016, on the file of District Munsif Court, Sholinghur.

2.The learned Government Advocate takes notice for the official respondents. In view of the limited relief sought for in this petition and on the consent of the learned counsel appearing on either side, this petition is taken up for final disposal.

3.Since no adverse order is being passed as against the private respondent, notice to the private respondent is dispensed with.

4.The case of the petitioner is that the petitioner is the owner of the property. The Civil Court in O.S.No.63 of 2016, has passed an order in favour of the petitioner on 25.06.2014. Thereafter, petitioner made representation to the 2nd respondent on 08.06.2015. However, till date no orders have been passed. Hence, this writ petition is filed with the above said prayer. 5.The learned counsel appearing for the petitioner submitted that it would suffice if this Court issue direction to the 2nd respondent to consider the petitioner's representation dated 08.06.2015 and pass orders within a reasonable time that may be fixed by this Court.

6.The learned Government Advocate appearing on behalf of the official respondents submitted that the petitioner's representation dated 08.06.2015, will be considered by the 2nd respondent within a particular time that may be fixed by this Court.

7.This Court without going into the merits of the case, directed the 2nd respondent to consider petitioner's representation dated 08.06.2015, and pass orders on merits and in accordance with law, after affording an opportunity of hearing to the aggrieved parties, if any, within a period of twelve weeks from the date of receipt of a copy of this order. 8.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Psa

To

1. The District Collector of Vellore, Collectorate, Sathuvachari, Vellore.

2. The Thasildhar of Walaja, Taluk Office, Walaja Taluk, Walajapet, Vellore District.

+1cc to M/s.A.Gouthamanan, Advocate, S.R.No.18491 +1cc to the Special Government Pleader, S.R.No.18763 W.P. No.25735 of 2015 SKM(CO) RGA(06/04/2022)