Soundari v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.09.2020

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH W.P.No.12530 of 2020 & W.M.P.No.15438 of 2020

1. Mrs. Soundari

2. Selvaraj

3. Somu

...Petitioners

Vs.

1. The District Collector, Erode District.

2. The Tahsildar, Erode District.

3. The Taluk Head Surveyor, Erode District.

.. Respondents Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus directing the respondents to take action to dispose of the petitioner's representation dated 16.3.2020 submitted with regard to survey the petitioners land by metes and bounds, to an extent of 3.75 cents in S.No.66 and Acre 3.95 1⁄2, S.No.67 with total extent of Acre 7.70 1⁄2 cents, vide Patta Nos.4794, 4795, 4796, 4797 situated at Sathyamangalam Village and Taluk, Erode District by making proper sub-division.

For Petitioner : Mr.V. Logeswaran For Respondents: Mr.Parthasarathy Govt. Advocate

O R D E R

This Writ Petition has been filed for issuance of Writ of Mandamus directing the respondents to act upon the representation made by the petitioner on 16.3.2020 and to survey the subject property and sub divide the property within the time stipulated by this Court.

2. The case of the petitioners is that they are the owners of the subject property and the revenue records also stand in their name.

3. The petitioners wanted the subject property to be sub divided and the representation was made by them in this regard on 16.3.2020 and the necessary charges were also paid. The grievance of the petitioners is that the respondents have not acted upon the representation and therefore, they have approached this Court seeking for appropriate directions.

4. Heard Mr.V. Logeswaran, learned counsel appearing for petitioners and Mr.S.N. Parthasarathy, learned Govt. Advocate appearing for the respondents.

5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the 2nd respondent to act upon the representation of the petitioner made on 16.3.2020 and take a decision strictly in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

6. The petitioners are directed to make a fresh representation to the 2nd respondent along with a copy of the representation dated 16.3.2020 accompanied by all other relevant documents and also a copy of this order.

7. This Writ Petition is disposed of with the above direction. No costs. Consequently, the connected WMP.No.15438 of 2020 is closed.

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

1. The District Collector, Erode District.

2. The Tahsildar, Erode District.

3. The Taluk Head Surveyor, Erode District +1cc to the Government Pleader in SR.NO..30392 W.P.No.12530 of 2020 & W.M.P.No.15438 of 2020 GJ(CO) RV(06/10/2020)