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Madras High CourtWP/10237/2022disposed of

K.Rajendra Kuppan v. The Collector

2022-04-27Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.10237 of 2022 and W.M.P.No.9947 of 2022

1. K.Rajendra Kuppan

2. K.Magendran ... Petitioner .Vs.

1. The Collector, Vellore District, Vellore - 632 009.

2. The Revenue Divisional Officer, Vellore District, Vellore - 632 009.

3. The Tahsildar, Vellore District, Vellore - 632 007.

4. The Head Land Surveyor, Vellore District, Vellore - 632 009.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents herein to consider the petitioners representations dated 19.08.2019, 16.12.2019, 03.10.2020, 28.12.2020 and 06.01.2022, and survey the petitioner's land situate in Survey No.749 measuring an extent of 0.96 cents in Nadumottur Village, Pallikuppam, Katpadi Vellore District measure and demarcate them and issue Patta in favour of the petitioners. For Petitioner :

Mr.R.Thiagarajan For Respondents :

Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

This writ petition has been filed seeking for an issuance of a writ of Mandamus to direct the respondents herein to consider the petitioners representations dated 19.08.2019, 16.12.2019, 03.10.2020, 28.12.2020 and 06.01.2022 to measure, demarcate, issue patta and survey the petitioners' land comprised in Survey No.749 ad-measuring 0.96 cents situate in Nadumottur Village, Pallikuppam, Katpadi Vellore District.

2. The case of the petitioners is that the petitioners acquired the above said "A" schedule property situated at said Village from their father one M.Kuppan vide Settlement Deed dated 07.06.2019. After the demise of their father, they approached the respondents to survey the said land, thereafter, they came to know that as per the Revenue Records their land has been reduced to an extent of 0.72 cents from 0.96 cents. Since the petitioners land has been illegally demarcated and subdivided by the adjoining land owners as S.No.749/1E, they made representations to the respondents dated 19.08.2019, 16.12.2019, 03.10.2020, 24.10.2020, 28.12.2020 and 06.01.2022, to survey and issue Patta in respect of the petitioners land. Subsequent thereto, no order was passed by the respondents. While so, petitioners have filed the present Writ Petition seeking the aforesaid relief.

3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioners submits that it would suffice if this Court issues direction to the respondents to consider the petitioners' representations dated 19.08.2019, 16.12.2019, 03.10.2020, 28.12.2020 and 06.01.2022 and pass orders on merits within a particular time frame to be fixed by this Court.

4. The learned Special Government Pleader appearing for respondents has no objection for said order being passed.

5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the respondents to consider the said representations of the petitioners dated 19.08.2019, 16.12.2019, 03.10.2020, 28.12.2020 and 06.01.2022, and pass appropriate orders, on merits and in accordance with law after affording an opportunity of hearing to the petitioners as well as aggrieved persons if any, within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that this Court has not

expressed any opinion on the merits of the claim of the petitioners and it is for the 2nd respondent to decide the same at the time of disposing of the said representations purely on merits.

7. With the above observations and direction, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rap To 1.

The Collector, Vellore District, Vellore - 632 009.

2.

The Revenue Divisional Officer, Vellore District, Vellore - 632 009.

3.

The Tahsildar, Vellore District, Vellore - 632 007.

4.

The Head Land Surveyor, Vellore District, Vellore - 632 009.

+1cc to Mr.R.Thiagarajan, Advocate, S.R.No.30450 +1cc to the Government Pleader, S.R.No.29252 W.P.NO.10237 OF 2022 GMR(CO) PBS/19/05/2022