M.K.Devaraju v. District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN M.K.Devaraju ... Petitioner versus 1.District Collector, Tirupattur, Tirupattur District.

2.Revenue Divisional Officer, Tirupattur, Tirupattur District.

... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the second respondent to consider and dispose of the petitioner's representation dated 25.07.2023 on merits by conducting proper enquiry for correction of sub-division entries made in 'A' Register and consequent revenue records in respect of Tirupattur District, Tirupattur Taluk, A.K.Mottur Village, S.No.52/4C and consequently to add the pathway to an extent of 12 feet passing through S.No.52/4-C2 and S.No.52/13 to reach the petitioner's home at S.No.52/9 and 52/10 in Patta No.155 by appropriate corrective measures within a time frame as stipulated by this Court.

Pg.Nos.1/6

For Petitioner :

Mr.PA.Sudesh Kumar For Respondents :

Mr.A.Selvendran Special Government Pleader

O R D E R

Mr.A.Selvendran, learned Special Government Pleader accepts notice for the respondents. With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking for a mandamus directing the second respondent to consider and dispose of the petitioner's representation dated 25.07.2023, in and by which, the petitioner sought to conduct proper enquiry for correction of sub-division entries made in 'A' Register and consequent Revenue Records in respect of the property in S.No.52/4C, situated at A.K.Mottur Village, Tirupattur Taluk, Tirupattur District, and consequently add the pathway measuring an extent of 12 feet passing through S.No.52/4-C2 and S.No.52/13 to reach the petitioner's home at S.No.52/9 and 52/10 in Patta No.155 by appropriate corrective measures within a time frame as stipulated by this Court.

3. The learned counsel for the petitioner submitted that the second Pg.Nos.2/6

respondent/RDO has already directed the Tahsildar, Thirupattur to enquire into the matter and submit a report. Pursuant to the directions of the second respondent/Revenue Divisional Officer, the Village Administrative Officer, Tahsildar and Taluk Surveyor have conducted enquiry and submitted their reports to the second respondent. However, the second respondent has not passed final orders till date. The learned counsel for the petitioner further submitted that it would be desirable to give a direction to the second respondent to pass final orders on the representation dated 25.07.2023 by considering the reports submitted by the revenue officials.

4. The learned Special Government Pleader for the respondents submitted that the said representation dated 25.07.2023 would be considered on merits and in accordance with law as expeditiously as possible.

5. Heard both sides and perused the materials available on record.

6. Since this writ petition is only for issuance of a mandamus, to direct the second respondent to dispose of the petitioner's representation Pg.Nos.3/6

dated 25.07.2023, this Court, without expressing any view or opinion with regard to the merits of the case, directs the second respondent to consider the representation dated 25.07.2023, on merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as interested parties/rival claimants/objectors/aggrieved parties, if any, if the representation is not disposed of already. Such exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

20.03.2024 Index: Yes/No Speaking Order : Yes/No ms Pg.Nos.4/6

To 1.The District Collector, Tirupattur, Tirupattur District.

2.The Revenue Divisional Officer, Tirupattur, Tirupattur District.

Pg.Nos.5/6

P.VELMURUGAN, J.

ms 20.03.2024 Pg.Nos.6/6