D.Baskaran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :01.04.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. NO.7869 OF 2022 D.Baskaran ... Petitioner Vs.

1. The District Collector, O/o. District Collector,

2. The Tahsildar, O/o. Chetpatu Tahsildar Office, ... Respondents Prayer :

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to survey the property bearing in Patta No.39 in Survey No.267/5 and Patta No.171 in Survey No.267/6 at Melanthangal Village, Chetupattu T.K., Thiruvanamalai District in pursuant to petitioner representation dated 04.12.2022. For Petitioner : Mr.P.Muthamizhselvakumar For Respondents : Mr.P.Sathish Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking for the issuance of a Writ of Mandamus to direct the respondents to survey the property bearing Patta No.39 in Survey No.267/5 and Patta No.171 in Survey No.267/6 at Melanthangal Village, Chetupattu T.K., Thiruvanamalai District in pursuant to petitioner's representation dated 04.12.2021.

2. The case of the petitioner is that the aforesaid property is derived from his father, it is an ancestral property and his

father had executed a settlement deed in favour of the petitioner. After the said settlement deed, the patta and other revenue records were mutated in the name of the petitioner. Further, the petitioner came to know that his lands were not properly fenced and he is unable to find the boundaries of the land. On the other hand, some of the adjacent land owners are trying to encroach the petitioner's land. Therefore, the petitioner has made a representation before the 2nd respondent dated 04.12.2021, seeking to measure the property on all the four sides and he has also paid the necessary fee of Rs.1600/-. As the said representation made by the petitioner has evoked no response from the respondent, 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 2nd respondent to consider the petitioner's representation dated 04.12.2021 and pass orders on the same within a particular time frame that may be fixed by this Court.

4. The learned Additional Government Pleader 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 2nd respondent to consider the petitioner's representation dated 04.12.2021 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar jd/lpp To

1. The District Collector, O/o. District Collector,

2. The Tahsildar, O/o. Chetpatu Tahsildar Office, +1cc to the Government Pleader, S.R.No.22795 W.P. No.7869 of 2022 SJ(CO) PM/21/04/2022