M.Appunu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.03.2023
CORAM:
THE HONOURABLE MRS. JUSTICE J.NISHA BANU M.Appunu, S/o Late Puttu @ Mallan
...Petitioner
Vs
1. The District Collector First Floor, Collectorate, Krishnagiri 635001
2. The Thasildhar Thasildhar Office, Pochampalli Taluka Krishnagiri 635206
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus or any other appropriate writ, order or direction to direct the respondents to dispose of the representation dt 13.06.2019 whereunder a request is made to survey the property in S.No 750/2, Jambukuttapatti village, Krishnagiri Taluk & District. For Petitioner : Ms. V.Srimathi For Respondents : Mr.V. Veluchamy Add.Govt Pleader 1/5
ORDER
With the consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
2. Heard the learned counsel for the petitioner and Mr.V. Veluchamy, learned Additional Government Pleader appearing for the respondents.
3. According to the learned counsel for the petitioner, the petitioner's father had executed a Will registered in Doc 2/1964 and he had bequeathed all the property in the petitioner's name conferring absolute right. After the death of the petitioner's parents, the petitioner had taken exclusive possession of the property in S.No.750/2, Jambukuttapatti Village, Krishnagiri Taluk & District, but the patta stands in the name of his mother and one Chettiappam @ Poolan. After the death of the petitioner's mother, the lands had to be mutated in petitioner's name. For which, the petitioner had filed an application and had paid a sum of Rs.800/- to measure the above mentioned property, but the request of transfer remained unattended for the past 3 years. Hence, 2/5
the petitioner had given a representation to the respondents on 13.06.2019, to survey the above mentioned property. Since the said representation was not considered by the respondents, the present Writ Petition has been filed.
4. The learned Additional Government Pleader appearing for respondents would submit that eight(8) weeks time limit may be given to the respondents to consider the representation of the petitioner dated 13.06.2019 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 representation dated 13.06.2019 on its own merits and pass appropriate orders.
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 representation dated 13.06.2019 and 3/5
pass appropriate orders 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 District Collector First Flor, Collectorate, Krishnagiri 635001
2. The Thasildhar Thasildhar Ofiice, Pochampalli Taluka Krishnagiri 635206 4/5
J.NISHA BANU,J.
Dsa/msv 10.03.2023 5/5