M.Periasamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :16.03.2022 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.5856 of 2022 M.Periasamy ... Petitioner Vs.
1.The District Collector, Erode, Perundurai Road, Erode-11.
2.The Tahsildhar, Modakurichi Taluk, Erode District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents more specifically the 2nd respondent carry out the task of surveying the lands in R.S.No.516/2A, 518/1 and 2 and 532/3 of Attavanai Anumanpalli Village, Modakurichi Taluk, Erode District, fix boundary stones, sub divide the same and issue patta to the petitioner within a time frame as fixed based on petitioner's application to the 2nd respondent dated 10.12.2018 and petitioners last representation dated 03.02.2022 to the 2nd respondent, by this Hon'ble Court. For Petitioner :Mr.R.Karthikeyan For Respondents :Mr.V.Veluchamy Additional Government Pleader
O R D E R
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to the 2nd respondent to survey the lands in R.S.No.516/2A, 518/1 and 2 and 532/3 of Attavanai Anumanpalli Village, Modakurichi Taluk, Erode District, fix boundary stones, sub divide the same and issue Patta to the petitioner within a
time frame as fixed based on petitioner's application to the 2nd respondent dated 10.12.2018 and petitioner's last representation dated 03.02.2022 to the 2nd respondent, by this Court.
2. The learned Additional Government Pleader 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. The case of the petitioner is that the petitioner is the owner of the property in R.S.No.516/2A, 518/1 and 2 and 532/3 of Attavanai Anumanpalli Village, Modakurichi Taluk, Erode District. The petitioner made representation to the 2nd respondent on 10.12.2018 for issue of Patta. However, till date no orders have been passed. Hence, this writ petition is filed with the above said prayer.
4. The learned counsel appearing for the petitioner submitted that it would suffice, if this Court issues a direction to the 2nd respondent to consider the petitioner's representation dated 10.12.2018 and pass orders within the time frame that may be stipulated by this Court.
5. The learned Additional Government Pleader appearing on behalf of the official respondents submitted that the petitioner's representation dated 10.12.2018 will be considered by the respondent within a reasonable time that may be fixed by this Court.
6. Without going into the merits of the case, the 2nd respondent is directed to consider the petitioner's representation dated 10.12.2018 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the neighbors and aggrieved parties, if any, within a period of twelve weeks from the date of receipt of a copy of this order.
7.With the above direction, this Writ Petition is disposed of. No costs.
SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR
Psa To 1.The District Collector, Erode, Perundurai Road, Erode-11.
2.The Tahsildhar, Modakurichi Taluk, Erode District.
+1cc to M/s.R.Karthikeyan, Advocate Sr.17907 W.P. No.5856 of 2022 skm[co] srg 31/03/2022