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Madras High CourtWP/13189/2022disposed of

R.Selvam v. The District Collector

2022-06-07Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.NO.13189 OF 2022 R.Selvam ... Petitioner .Vs.

1. The District Collector, Tiruvannamalai District, Tiruvannamalai - 606 601.

2. The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai - 606 601.

3. The Revenue Divisional Officer, Tiruvannamalai Revenue Division, Tiruvannamalai-606 601.

4. The Tahsildar, Tiruvannamalai Taluk, Tiruvannamalai District.

5. The Chief Land Surveyor, Tahsildar Office, Tiruvannamalai - 606 601.

6. The Inspector of Police, East Police Station, Tiruvannamalai - 606 601.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other writ or Order or direction in the nature of Writ of Mandamus directing the respondents to consider the petitioner's representation dated 28.02.2022 and to direct the Respondents to survey and mark the land in survey no.64/3A, 62/3B, 64/1C1A, Nocchimalai Village, Tiruvannamalai Taluk, Tiruvannamalai District with police protection.

For Petitioner : Mr.K.Kathiresan For Respondents : Mr.G.Krishna Raja Additional Government Pleader

ORDER

The present petition has been filed seeking a direction to Respondents to consider the representation dated 28.02.2022 made by the petitioner to survey the subject property

2. Mr.G.Krishna Raja, learned Additional Government Pleader takes notice for the Respondents.

3. It is the case of the petitioner that the subject property is the ancestral property which initially devolved upon the legal heirs of his grandfather including the father of the petitioner and they were jointly in possession of the same and they jointly sold some extent of said property at the time when they were in possession of the same. The petitioner being a legal heir of his father, in order to survey the remaining portion of the property, made representation dated 28.02.2022 to the respondents. However, till date, the same has not been considered. Hence, the present petition has been filed.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the respondents herein to consider the representation made by the petitioner and dispose of the same on merits within the time stipulated by this Court.

5. Learned Additional Government Pleader appearing for the Respondents, has no objection to the said order being passed.

6. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, directs the 4th Respondent/Tahsildar to consider the representation dated 28.02.2022 made by the petitioner and dispose of the same in accordance with law, after providing an opportunity to the respective parties, 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 III) //True Copy// Sub Assistant Registrar NHS To

1. The District Collector, Tiruvannamalai District, Tiruvannamalai - 606 601.

2.

The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai - 606 601.

3.

The Revenue Divisional Officer, Tiruvannamalai Revenue Division, Tiruvannamalai - 606 601.

4.

The Tahsildar, Tiruvannamalai Taluk, Tiruvannamalai District.

5.

The Chief Land Surveyor, Tahsildar Office, Tiruvannamalai - 606 601.

6.

The Inspector of Police, East Police Station, Tiruvannamalai - 606 601.

+1cc to Mr.K.Kathiresan, Advocate, S.R.No.32484 +1cc to the Special Government Pleader, S.R.No.33594 W.P.NO.13189 OF 2022 SKM(CO) PBS/22/06/2022