K.Pandian v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.6928 of 2022 K.Pandian ... Petitioner Vs.

1. The District Collector, Ariyalur,

2. The Revenue Divisional Officer, Udayarpalayam,

3. The Tahsildar, Sinthurai Taluk, Ariyalur Taluk.

4. The Assistant Director, Survey & Land Records, Ariyalur.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to initiate appropriate action on the representation of the petitioner, dated 30.12.2021 and dispose the same within the time limits stipulated by this Court.

For Petitioner : Mr.E.P.Senniyangiri For Respondents : Mr.R.Vigneswaran Government Advocate

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the 1st respondent to initiate appropriate action on the representation of the petitioner, dated 30.12.2021 and dispose the same within the time limits stipulated by this Court.

2. The case of the petitioner is that his grandfather, namely Nallapadayatchi owned a land in Survey

No.228/9A situated in Nakkambadi Village, Senthurai Taluk, Ariyalur District measuring an extent of 5 cents. After the demise of petitioner's grand-father, the petitioner inherited the said land through his father namely Late Kadirvel. Although there is no pathway or cart-track passes through the said land, wrongly FMB sketch displays passing of pathway. Therefore, the petitioner has made a representation dated 30.12.2021 before the respondents, seeking for their intervention to remove the said pathway mark from the FMB sketch. As the said representation invoked the response of the 1st respondent, and the 1st respondent directed the 4th respondent to give report. Further, the 4th respondent sent a letter dated 16.02.2022 to the 3rd respondent with the note that the 3rd respondent should take action and send report to the petitioner. However, till date no action has been taken. Hence, the petitioner has filed the present Writ Petition.

3. The learned counsel for the petitioner submitted that it would suffice, if this Court, issues direction to the 3rd respondent to consider the petitioner's representation dated 30.12.2021 and dispose of the same within the time frame that may be fixed by this Court.

4. The learned Government Advocate appearing for the respondents has no objection for said order being passed.

5. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case directs the 3rd respondent to consider and dispose of the petitioner's representation dated 30.12.2021 on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after providing an opportunity of hearing to the aggrieved person, if any.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jd/skt To

1. The District Collector, Ariyalur,

2. The Revenue Divisional Officer, Udayarpalayam,

3. The Tahsildar, Sinthurai Taluk, Ariyalur Taluk.

4. The Assistant Director, Survey & Land Records, Ariyalur.

+1cc to Government Pleader SR. No. 21073 W.P. No.6928 of 2022 SKM (CO) PR (18/04/2022)