Kumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.5073 OF 2022 Kumar ... Petitioner Vs.

1. The District Collector, Collectorate, Ariyalur District, Ariyalur.

2. The Thasildhar, Udayarpalayam Taluk, Ariyalur District.

3. The Taluk Surveyor, Udayarpalayam Taluk, Ariyalur District.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 2 and 3 to Survey the lands situated in S.No.281/1C1, to an extent of 1.02 1/4 Acres, in Keezhakudiyuruppu village account, Udayarpalayam Taluk, Ariyalur District as per registered Sale Deed dated 22.05.1961, vide Document No.1206/1961, registered on the file of Sub Registrar of Jayankondam.

For Petitioner : Mr.R.Ramesh For Respondents : Mr.G.Nanmaran Special Government Pleader

ORDER

The petitioner has filed this petition seeking direction to the second and third respondents to Survey the lands situated in S.No.281/1C1, to an extent of 1.02 1/4 Acres, in Keezhakudiyuruppu village account, Udayarpalayam Taluk, Ariyalur District as per registered Sale Deed dated 22.05.1961, vide Document No.1206/1961, registered on the file of Sub Registrar of Jayankondam.

2. Mr.G.Nanmaran, learned Special Government Pleader 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.281/1C1, measuring an extent of 1.02 1/4 acres, situated at Keezhakudiyuruppu village account, Udayarpalayam Taluk, Ariyalur District. The petitioner claims that the Revenue Officials had committed a mistake while issuing Patta to the above said property. Hence, the petitioner made a representation dated 21.02.2022 before the second respondent to survey the above said property. 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 second and third respondents to consider the petitioner's representation dated 21.02.2022 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 21.02.2022 will be considered by the second and third respondent 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 second and third respondents to consider the petitioner's representation dated 21.02.2022, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity to aggrieved persons, if any.

7. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar tri/anu To

1. The District Collector, Collectorate, Ariyalur District, Ariyalur.

2. The Thasildhar, Udayarpalayam Taluk, Ariyalur District.

3. The Taluk Surveyor, Udayarpalayam Taluk, Ariyalur District.

+1cc to M/s.R.Ramesh, Advocate, S.R.No.15630 +1cc to the Government Pleader, S.R.No.16253 W.P.No.5073 of 2022 AJS(CO) RLP(25/03/2022)