M.L.Ganesh v. The Assistant Director And Personal Assistant To

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.9804 of 2022 M.L.Ganesh ... Petitioner Vs.

1. The Assistant Director and Personal Assistant to District Collector (Land Survey), District Collector Office, Chennai.

2. The RDO (South), G.S.T.Road, Guindy, Chennai - 32.

3. The Tahsildar, Velachery Taluk, at Tharamani, Chennai - 600 113.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to pass orders forthwith pursuant to the letter dated 19.09.2015 vide A2/11993/2015 sent by the third respondent alternatively to direct the third respondent to act upon to the representation dated 22.07.2021 given by the petitioner within a reasonable time.

For petitioner :

Mr.S.Arunkumar For Respondents :

Mr.R.P.Murugan Raja Government Advocate

ORDER

The petitioner has filed this petition seeking direction to the first respondent to pass orders forthwith pursuant to the letter dated 19.09.2015 vide A2/11993/2015 sent by the third respondent alternatively to direct the third respondent to act

upon to the representation dated 22.07.2021 given by the petitioner.

2. Mr.R.P.Murugan Raja, learned Government Advocate 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's predecessor in title had derived the title and ownership over the property by virtue of allotment and Sale Deed executed by Tamil Nadu Housing Board to an extent of 1694 sq.ft but in the revenue records, the third respondent has inadvertently mutated as 1494 sq.ft instead of 1694 sq.ft. To rectify such mistake, the petitioner's vendors had given representation to the third respondent for rectification. After conducting physical survey of the property, the third respondent has submitted report on 19.09.2015 to the first respondent along with necessary documents. However, till date first respondent had not passed any orders to that effect. In order to implement the said report dated 19.09.2015, the petitioner had made a representation dated 22.07.2021 to the third respondent. 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 first respondent to consider the petitioner's representation dated 22.07.2021 within the time frame that may be fixed by this Court.

5. The learned Government Advocate appearing for the respondents submits that the petitioner's representation dated 22.07.2021 will be considered by the first 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 first respondent to consider the petitioner's representation dated 22.07.2021, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order.

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

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

1. The Assistant Director and Personal Assistant to District Collector (Land Survey), District Collector Office, Chennai.

2. The RDO (South), G.S.T.Road, Guindy, Chennai - 32.

3. The Tahsildar, Velachery Taluk, at Tharamani, Chennai - 600 113.

+1cc to M/s.S.Arun Kumar, Advocate, S.R.No.28605 +1cc to the Government Pleader, S.R.No.28368 W.P.No.9804 of 2022 SSN(CO) SU(13/05/2022)