N. Raghuraman v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2023

CORAM:

THE HONOURABLE MRS. JUSTICE J.NISHA BANU N.Raghuraman ...Petitioner Vs

1. The Revenue Divisional Officer Revenue Divisional Office,

2. The Thasildhar Taluk Ofiice,

3. The Superintendent of Police Office of the Superintendent of Police,

4. The Inspector of Police B-3, Kanchi Taluka Police Station,

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondents 1 and 2 to survey the petitioner's (Senior Citizen) land to an extent of 0.21 cents in Survey No. 70 and patta No.486 situated at Neervalur Village, 1/6

Kanchipuram District and mark necessary boundaries with the help of the 3rd and 4th respondents by consider the Challan No.20230104004513 paid by the petitioner on 04.01.2023 and by considering the representations dated 04.01.2023 and 18.02.2023 within a time stipulated by this court. For Petitioner : Mr. Vijayaraj For Respondents : Mr.R.P.Murugan Raja Government Advocate

ORDER

With the consent of both sides counsel, the writ petition is disposed of as under at the admission stage itself.

2. Heard the learned counsel for the petitioner and Mr.R.P.Murugan Raja, learned Government Advocate appearing for the respondents.

3. The petitioner is the owner of the land situated at Neervalur Village, Kanchipuram District to an extent of 0.21 cents in Survey No. 70 and patta No.486. Due to the encroachment of said land by one Ravi and 2/6

Venkatesan, the petitioner had given representations to the respondents on 04.01.2023 and 18.02.2023, to survey his land mentioned above and mark necessary boundaries with the help of the 3rd and 4th respondents by considering the Challan No.20230104004513 paid by him on 04.01.2023. Since the said representations were not considered by the respondents, the present Writ Petition has been filed.

4. The learned Government Advocate appearing for respondents would submit that eight(8) weeks time limit may be given to the respondents to consider the representations of the petitioner dated 04.01.2023 and 18.02.2023 and call for enquiry and pass necessary orders.

5. Taking into consideration the nature of relief sought for in this writ petition and also looking into the averments made in this writ petition, this court is of the considered opinion that a duty is cast upon the Statutory Authority viz., respondents to consider the representations dated 04.01.2023 and 18.02.2023 on its own merits and pass appropriate orders.

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6. In such view of the matter, without going into the merits of the claim of the petitioner, there shall be a direction to the respondents herein to consider the petitioner's representations dated 04.01.2023 and 18.02.2023 by giving opportunity to all parties concerned and act on the representation within a period of eight(8) weeks from the date of receipt of a copy of this order.

7. With the above direction, the Writ Petition stands disposed of. No costs.

10.03.2023 Index:Yes/No dsa/msv To

1. The Revenue Divisional Officer Revenue Divisional Office,

2. The Thasildhar Taluk Ofiice, 4/6

3. The Superintendent of Police Office of the Superintendent of Police,

4. The Inspector of Police B-3, Kanchi Taluka Police Station, 5/6

J.NISHA BANU,J.

Dsa/msv 10.03.2023 6/6