← Library
Madras High CourtWP/6299/2022disposed of

A.Bhuvaneswari v. The District Collector

2022-03-21Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :21.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.6299 of 2022 A.Bhuvaneswari ... Petitioner Vs.

1. The District Collector,

2. The Revenue Divisional Officer,

3. The Tahsildar,

4. The Taluk Head Surveyor, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to take action to dispose of the petitioners representation dated 22.04.2021 and 8.02.2022 submitted with regard to survey the petitioners land by meets and bounds in respect of her properties of an extent of hectares 0.56.50 (Acre 1.40 cents) comprised in Survey no. 125/4 in and out of total extent of hectares 1.16.50 (Acres 2.88 cents) with specific boundaries of North by land in S.No. 124 South by land belongs to Subramani East by land in S.No.114 and West by land in S.No. 125/3 with 1/2 share (hectares 0.01.75 (Acres 0.04 cents) in and out of common enjoyment of land of hectares 0.03.5 (Acre 0.

09 cents) reserved for cart track in the same survey in all totally along with enjoyment right to cart track width about 16 feet reserved to said land at Southern and Western side which come from Panchayat Thaar Road reaching to Karukkupalayam which have been using by generation by generation as common path way reserved for Men, Cattle, and also for heavy vehicles, vide Patta No.

Velampalayam Village, Uthukuli Taluk, Tiruppur District. For Petitioner : Mr.V.Logeswaren 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 direct the respondents to take action to dispose of the petitioner's representations dated 22.04.2021 and 8.02.2022 submitted with regard to survey the petitioner's land by meets and bounds in respect of her properties of an extent of hectares 0.56.50 (Acre 1.40 cents) comprised in Survey No. 125/4 in and out of total extent of hectares 1.16.50 (Acres 2.88 cents) with specific boundaries of North by land in S.No. 124 South by land belongs to Subramani East by land in S.No.114 and West by land in S.No. 125/3 with 1/2 share (hectares 0.01.75 (Acres 0.04 cents) in and out of common enjoyment of land of hectares 0.03.5 (Acre 0.

09 cents) reserved for cart track in the same survey in all totally along with enjoyment right to cart track width about 16 feet reserved to said land at Southern and Western side which come from Panchayat Thaar Road reaching to Karukkupalayam which have been using by generation by generation as common path way reserved for Men, Cattle, and also for heavy vehicles, vide Patta No.347, in Velampalayam Village, Uthukuli Taluk, Tiruppur District.

2. The learned Additional Government Pleader appearing for respondents take 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 an extent of hectares 0.56.50 (Acre 1.40 cents) comprised in Survey No. 125/4 and out of total extent of hectares 1.16.50 (Acres 2.88 cents) with specific boundaries of North by land in S.No. 124 South by land belongs to Subramani East by land in S.No.114 and West by land in S.No. 125/3 with 1/2 share (hectares 0.01.75 (Acres 0.04 cents) in and out of common enjoyment of land of hectares 0.03.5 (Acre 0.09 cents) reserved for cart track in the same survey in all totally along with enjoyment right to cart track width about 16 feet reserved to said land at Southern and Western side which come from Panchayat Thaar Road reaching to Karukkupalayam which have been using by generation by generation as common path way

reserved for Men, Cattle, and also for heavy vehicles, vide Patta No.347, in Velampalayam Village, Uthukuli Taluk, Tiruppur District. The petitioner has made a representation to the 2nd and 3rd respondents on 22.04.2021 and also on 08.02.2022. However, till date no orders have been passed. Hence, this writ petition is filed with the above said prayer.

4. The learned counsel for the petitioner submitted that it would suffice if this Court issues direction to the 2nd and 3rd respondents to consider the petitioner's representations dated 22.04.2018 and 08.02.2022, and pass orders within a period that may be fixed by this Court.

5. The learned Additional Government Pleader appearing on behalf of the official respondents submitted that the petitioner's representations dated 22.04.2018 and 08.02.2022, will be considered by the 2nd and 3rd respondents, within a particular time that may be fixed by this Court.

6. This Court without going into the merits of the case, directed the 2nd and 3rd respondents to consider the petitioner's representations dated 22.04.2018 and 08.02.2022, 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. No costs.

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

1. The District Collector,

2. The Revenue Divisional Officer,

3. The Tahsildar,

4. The Taluk Head Surveyor, +1cc to M/s.V.Logeswaran, Advocate, S.R.No.19362 +1cc to the Special Government Pleader, S.R.No.19513 W.P. No.6299 of 2022 SKM(CO) SU(05/04/2022)