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Madras High CourtWP/10909/2015disposed of

Arunachalam v. The District Collector,

2015-04-16Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 16.04.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.10909 of 2015 Arunachalam .. Petitioner

Versus

1. The District Collector, Tirupur District Tirupur.

2. The Revenue Divisional Officer, Dharapuram, Tirupur District.

3. The Tahsildar, Kangeyam, Tirupur District.

4. The Village Administrative Officer, Sivanmalai Village, Kangeyam Taluk, Tirupur District.

.. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the 4th respondent to survey the lands comprised in New Revised Survey No.830/1 admeasuring an extent of 02 Acres 453⁄4 Cents and to issue patta for the same.

For Petitioner : Mr.K.Vignesh Karthick For Respondents : Mr.M.Dig Vijaya Pandian Additional Government Pleader.

O R D E R

By consent, the main writ petition is taken up for final disposal.

2. The petitioner claims that he owns and posses agricultural lands comprised in New Revised Survey No.830/1, Old Survey No.302/A, admeasuring to an extent of 02 Acres 18 1⁄2 cents and in New Revised Survey No.830/1, Old Survey No.302/B, admeasuring to an extent of 271⁄4 cents, situated at Sivanmalai Village, Kangeyam Taluk, Tiruppur District and he is cultivating the said lands for the past five years.

3. The grievance expressed by the petitioner is that during February 2015, some third parties viz., Ranjitham and her sons Marimuthu, Rajan and Kuppusamy, had mutated the revenue records for the entire extent of the land in New Survey No.830/1, though they were in no way connected with the said lands and in this regard, the petitioner submitted a representation dated 10.02.2015 to the 3rd respondent as well as to other respondents and though the representations were acknowledged, he has not been favoured with any response, hence, came forward to file this writ petition.

4. Heard the submissions of Mr.K.Vignesh Karthick, learned counsel appearing for the petitioner and Mr.Dig Vijaya Pandian, learned Additional Government Pleader, who accepts notice for the respondents.

5. Though, the petitioner has prayed for a larger relief, in the facts and circumstances of this case, this Court is of the view that it would be suffice to direct the 3rd respondent to consider and dispose of the representation dated 10.02.2015, submitted by the petitioner, on merits and in accordance with law, after putting on notice the concerned persons, within a stipulated time frame.

6. In the result, this Court, without going into the merits of the said representation, directs the 3rd respondent to consider the representation dated 10.02.2015, submitted by the petitioner, on merits and in accordance with law, after putting on notice the concerned persons and pass orders, as expeditiously as possible and not later than six weeks from the date of receipt of a copy of this order and communicate the decision to the petitioner.

7. The writ petition is disposed of, accordingly. No costs. ars s/d- Assistant Registrar(R) True Copy Sub-Assistant Registrar

To

1. The District Collector, Tirupur District.

Tirupur.

2. The Revenue Divisional Officer, Dharapuram, Tirupur District.

3. The Tahsildar, Kangeyam, Tirupur District.

4. The Village Administrative Officer, Sivanmalai Village, Kangeyam Taluk, Tirupur District.

+ 1 cc to Govt.Pleader SR 21135 + 1 cc to Mr.K.Vignesh Karthick, AdvocaTE SR 20810 km(co) prk28/4 W.P.No.10909 of 2015