V.Govindhan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN V.Govindhan ... Petitioner versus 1.The District Collector, Office of Collectorate, Salem District.

2.The District Revenue Officer, Office of Collectorate, Salem District.

3.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Attur Taluk, Salem District.

4.The Tahsildar, Office of Tahsildar, Attur Taluk, Salem District.

.....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the fourth respondent to consider the petitioner's representation dated 01.06.2023 in the light of the communication forwarded by the office of the 1st respondent vide Pg.Nos.1/5

proceedings in O.Mu.No.1013633/2023/G1 dated 15.6.2023 and direct the 4th respondent to rectify the mistake in the FMB within a time to be stipulated by this Court.

For Petitioner :

Mr.A.Rajakumar For Respondents :

Mr.T.Arun Kumar Additional Government Pleader

O R D E R

Mr.T.Arun Kumar, learned Additional Government Pleader accepts notice for the respondents. With the consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. 2.This writ petition has been filed seeking for issuance of a writ of mandamus, to direct the fourth respondent to consider the petitioner's representation dated 01.06.2023 in the light of the communication forwarded by the office of the 1st respondent vide proceedings in O.Mu.No.1013633/2023/G1 dated 15.6.2023 and consequently direct the fourth respondent to rectify the mistakes in the FMB sketch in respect of the Pg.Nos.2/5

subject properties in S.No.357/3 and 357/5 in Arasanatham Village, Attur Taluk, Salem District.

3. The main grievance of the petitioner is that even though the first respondent has directed the fourth respondent to take appropriate action on the representation of the petitioner date 01.06.2023, till date the fourth respondent has not taken any action on the said representation.

4. The learned Additional Government Pleader appearing for the respondents submitted that the representation of the petitioner would be considered in accordance with law.

5. Heard both sides.

6. Since this Writ Petition is only for a mandamus simpliciter to consider the representation of the petitioner, this Court, without expressing any view or opinion with regard to the merits of the case, directs the fourth respondent to consider the representation of the petitioner dated 01.06.2023, issue notice to the petitioner as well as the rival claimants/interested parties/objectors/aggrieved parties if any, as the case may be, conduct an enquiry into the matter, and pass appropriate orders on merits and in Pg.Nos.3/5

accordance with law, within a period of three months from the date of receipt of a copy of this order.

7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

28.02.2024 Index: Yes/No Speaking Order : Yes/No ms To 1.The District Collector, Office of Collectorate, Salem District.

2.The District Revenue Officer, Office of Collectorate, Salem District.

3.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Attur Taluk, Salem District.

4.The Tahsildar, Office of Tahsildar, Attur Taluk, Salem District.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 28.02.2024 Pg.Nos.5/5