Madras High CourtWP/14067/2021disposed of

S.Seenivasa Rao v. The District Collector

2021-07-08Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2021

CORAM

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN W.P. No. 14067 of 2021 S. Seenivasa Rao ... Petitioner Vs

1. The District Collector,

2. The District Revenue Officer,

3. The Assistant Director, Survey and Land Records Department, Krishnagiri District.

4. The Sub-Collector, Sub Collector Office, Hosur, Krishnagiri District.

5. The Tahsildar, Taluk Office, Shoolagiri, Krishnagiri District ... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representations date 02.04.2018 and 01.01.2021 and pass orders on merits and in accordance with law in respect of land measuring to an extent of 25 cents in Survey No.207/6 of Marthandapalli Village, Shoolagiri Taluk, Krishnagiri District, which is earmarked as burial ground vide proceedings of Assistant Settlement Officer, Salem dated 14.11.1965 in RP.No.11/section.11(a) Hosur/1965, within the time to be stipulated by this Honourable Court.

For petitioner ...

Mr. R. Bharath Kumar For respondents ...

Mr. Yogesh Kannadasan, Government Advocate

ORDER

This writ petition has been filed seeking a direction to the second respondent/District Revenue Officer to consider the petitioner's representation relating to re-classify the land in Survey No.207/6 as burial ground.

2. According to the petitioner, originally, the above said land was classified as burial ground. During the UDR scheme, it was wrongly classified as Punchai. Thereafter, the petitioner has approached the authorities to reclassify the said land as burial ground. Based on the same, the Tahsildar has also sent a recommendation to the District Revenue Officer in the year 2018. Since no steps have been taken, the petitioner has filed a writ petition in W.P.No.3783 of 2018 before this Court to consider his representation and the same was dismissed based on the assurance made by the Tahsildar that they will take steps to make necessary changes in the "A" register and reclassify the same as burial ground. Even thereafter, no order has been passed. Hence, the present writ petition has been filed.

3. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents 1 to 5.

4. Considering the fact that matter is pending for a quiet long time with the 2nd respondent/District Revenue Officer, the 2nd respondent is directed to consider the petitioner's representation and pass suitable orders, on merits and in accordance with law, after giving opportunity to the petitioner as well as the other interested parties, if any, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mrp To

1. The District Collector,

2. The District Revenue Officer,

3. The Assistant Director, Survey and Land Records Department, Krishnagiri District.

4. The Sub-Collector, Sub Collector Office, Hosur, Krishnagiri District.

5. The Tahsildar, Taluk Office, Shoolagiri, Krishnagiri District +1cc to Mr.R.Bharath Kumar, Advocate, S.R.No. 32338 +1cc to the Government Pleader, S.R.No. 32593 W.P. No. 14067 of 2021 KV(CO) GN(09/08/2021)