Akila v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2023

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Akila ... Petitioner Vs.

1. The District Collector, Perambalur.

2. The Revenue Divisional Officer, Perambalur.

3. The Taluk Surveyor, O/o the Land Survey Departmtn / Tahsidar Office, Veppanthattai Taluk, Perambalur District.

4. The Tahsildar, Veppanthattai Taluk, Perambalur District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 3 and 4 to consider the online representation of the petitioner dated 22.04.2022 and to Page No.1 of 6

make a survey on the property of the petitioner and to fix the boundary line and consequently to effect subdivision of the properties of the petitioner. For Petitioner :

Mr.G.Ilamurugu For Respondents :

Mr.V.Veluchamy, Additional Government Pleader ******

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents 3 and 4 to consider the online representation of the petitioner dated 22.04.2022, within a stipulated time.

2. Mr.V.Veluchamy, learned Additional Government Pleader, takes notice for the respondents. By consent of both sides counsel, this Writ Petition is taken up for passing orders at the stage of admission itself.

3. It is averred in the writ petition that the petitioner is in possession and enjoyment of the property to an extent of Acre 1.11 from out of Acre 2.54 Page No.2 of 6

comprised in Old Survey No.841/3 (New Survey No.295/3C vide patta No.294) and an extent of Acre 0.021 1⁄2 out of Acre 0.63 comprised in Old survey No.841/2 (New survey No.295/2C as per Patta No.294) and an extent of Acre 0.07 out of acre 0.57 comprised in Old Survey No.835/5(New Survey No.289/5 as per Joint Patta No.1628) and having 1/3 right over the Well situated in Old Survey No.841/3 (New Survey No.295/3D as per Joint Patta No.1548); 50% undivided share on the another Well comprised in Survey No.841/2, (New Survey No.295/2B as per Joint patta No.1364) together with 5HP Electric Motor Service and the petitioner had purchased the same under a registered sale deed dated 27.11.1998 registered as Document No.2171/1998 from one Mrs.Saroja and is in continued possession and enjoyment of the same till date.

4. The petitioner would submit that the petitioner was issued with Patta bearing No.1183 measuring for an extent of 305 sq.mts for the property comprised in Survey No.289/5 (New Survey No.532/31). The petitioner made a representation to the fourth respondent through online on 22.04.2022 and thereafter, he made another request on 22.04.2022 for the sub division of the Page No.3 of 6

property comprised in Survey No.289/5. He has also made the necessary payment for the said process.

5. According to the learned counsel for the petitioner, there was no progress made on the part of the respondents. Therefore, the present Writ Petition has been filed for a direction to the respondents 3 and 4 to act upon the online representation of the petitioner.

6. Mr.V.Veluchamy, learned Additional Government Pleader, appearing on behalf of the respondents submitted that eight weeks time may be stipulated to the respondents to consider the request of the petitioner and for passing necessary orders.

7. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the case, directs the respondents 3 and 4 to consider the petitioner's online representation dated 22.04.2022 and act on the petitioner's Page No.4 of 6

online representation in accordance with law, within a period of eight (08) weeks from the date of receipt of a copy of this order. It is needless to say that the petitioner is directed to enclose the copy of the representation made online alongwith the documents which he had relied on.

8. With the above direction, the Writ Petition is disposed of. No costs. 28.03.2023 sts Index : Yes / No Internet: Yes / No Speaking / Non-Speaking Order To:

1. The District Collector, Perambalur.

2. The Revenue Divisional Officer, Perambalur.

3. The Taluk Surveyor, O/o the Land Survey Departmtn / Tahsidar Office, Veppanthattai Taluk, Perambalur District.

4. The Tahsildar, Veppanthattai Taluk, Perambalur District.

Page No.5 of 6

J.NISHA BANU, J., sts Order made in Dated:

28.03.2023 Page No.6 of 6