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Madras High CourtWP/8493/2022disposed of

Dr.P.Uma Maheshwari v. The District Collector

2022-04-06Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.8493 of 2022 P.Uma Maheswari ... Petitioner Vs.

1. The District Collector, Villupuram District, Villupuram - 605 602.

2. The Sub Collector,

3. The Tahsildar, Marakanam Taluk, Marakanam, Villupuram District - 604 303.

4. The Block Development Officer, Marakanam Taluk, Marakanam, Villupuram District - 604 303.

5. The Head Surveyor, Department of Survey, Marakanam Taluk Office, Marakanam, Villupuram District - 604 303.

6. The Forest Range Officer, Tindivanam Range, ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Tashildar, the third respondent herein to consider the representation of the petitioner dated 04.02.2021 and reminder dated 28.07.2021 to carry out the survey and demarcation of the pathway to the main road from the land in Survey No.51/14 and 51/16 (Old S.No.32/8 and 32/10) Kurumbaram village, Marakanam Taluk, Villupuram District.

For petitioner :

Mr.A.V.Arun For Respondents:

Mr.M.Shahjahan (for R.4) Special Government Pleader Mr.Yogesh Kannadasan Special Government Pleader (for R.1, R.2, R.3, R.5, R.6)

ORDER

The petitioner has filed this petition seeking direction to the Tashildar, the third respondent herein to consider the representation of the petitioner dated 04.02.2021 and reminder dated 28.07.2021 to carry out the survey and demarcation of the pathway to the main road from the land in Survey No.51/14 and 51/16 (Old S.No.32/8 and 32/10) Kurumbaram village, Marakanam Taluk, Villupuram District.

2.

Mr.Yogesh Kannadasan, learned Special Government Pleader takes notice for the respondents. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner is the owner of the property comprised in Survey No.51/14 and 51/16, situated at Kurumbaram Revenue Village, Marakanam Taluk, Villupuram District. The petitioner had acquired the property by way of Settlement Deed dated 04.04.2012, vide Doc.No.1071 of 2012, on the file of Sub Registrar, Marakanam. Hence, the petitioner made an application dated 04.02.2021, before the respondents to survey and demarcate the road for the said property. However, till date no action has been taken by the respondents on the representation made by the petitioner. Hence, the present Writ Petition has been filed by the petitioner for the above relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the third respondent to consider the petitioner's representation dated 04.02.2021 within the time frame that may be fixed by this Court.

5. The learned Special Government Pleader appearing for the respondents submits that the petitioner's representation dated 04.02.2021 will be considered by the third respondent

within the time frame that may be fixed by this Court.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the third respondent to consider the petitioner's representation dated 04.02.2021, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity to the aggrieved persons.

7. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar tri/mn To

1. The District Collector, Villupuram District, Villupuram - 605 602.

2. The Sub Collector,

3. The Tahsildar, Marakanam Taluk, Marakanam, Villupuram District - 604 303.

4. The Block Development Officer, Marakanam Taluk, Marakanam, Villupuram District - 604 303.

5. The Head Surveyor, Department of Survey, Marakanam Taluk Office, Marakanam, Villupuram District - 604 303.

6. The Forest Range Officer, Tindivanam Range, +1cc to Mr.A.V.Arun, Advocate, S.R.No.23740 +1cc to the Government Pleader, S.R.No.24152 W.P.No.8493 of 2022 KK(CO) SU(06/05/2022)