Asai Thambi v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.12869 of 2022 Asai Thambi ... Petitioner Vs.

1.The Collector, Krishnagiri District.

2.The Tahsildar, Pochampalli Taluk, Krishnagiri District.

3.The Taluk Surveyor, Pochampalli Taluk, Krishnagiri District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to measure my land and issue separate patta pursuant to my online application dated 18.12.2021 and the representation dated 29.03.2022 in respect of the property situated at S.No.228/4A measuring an extent of 880 sq.ft. For Petitioner : Mr.S.Thiruvengadam For Respondents: Mr.P.Sathish Additional Government Pleader

O R D E R

It is represented by the learned counsel appearing for the petitioner that the correct survey number of the subject property is S.No.228/2A, however, inadvertently, in the petition is has been wrongly mentioned as S.No.228/4A. 2.The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the second respondent to measure the petitioner's land and issue separate patta pursuant to the petitioner's online application dated 18.12.2021 and the representation dated 29.03.2022 in respect of the property situated at S.No.228/2A (upon consideration of the submission made by the learned counsel appearing for the petitioner)

measuring an extent of 880 sq.ft.

3.The case of the petitioner is that the petitioner made representation dated 29.03.2022 to the respondents seeking to measure the subject property and to issue separate patta and since the same has not yet been considered, has filed this writ petition.

4.The learned counsel appearing for the petitioner submitted that without going into the merits of the case, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 29.03.2022 and to pass appropriate orders within a reasonable time frame. 5.Considering the limited request made by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 29.03.2022, on merits and in accordance with law and to pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order.

6.This writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar pri To 1.The Collector, Krishnagiri District.

2.The Tahsildar, Pochampalli Taluk, Krishnagiri District.

3.The Taluk Surveyor, Pochampalli Taluk, Krishnagiri District.

+1cc to Mr.S.Thiruvengadam, Advocate, S.R.No.32414 +1cc to the Government Pleader, S.R.No.32542 W.P.No.12869 of 2022 MT(CO) SB(01/07/2022)