Poomalai Padayachi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2017

CORAM:

THE HONOURABLE MR. JUSTICE B.RAJENDRAN WRIT PETITION No.1732 of 2017 Poomalai Padayachi ... Petitioner Vs.

1.The District Collector, Collectorate, Villupuram, Villupuram District.

2.The District Revenue Officer, Collectorate, Villupuram, Villupuram District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, directing the 2nd respondent herein to consider the representation of the petitioner dated 24.03.2016 and conduct an enquiry. For Petitioner :

Mr.D.Muthukumar For Respondents :

Mr.R.S.Selvam, Government Advocate

O R D E R

The petitioner has come up with this Writ Petition seeking a direction to the 2nd respondent herein to consider his representation dated 24.03.2016 and conduct an enquiry. 2.

According to the petitioner, he was allotted an extent of 0.83 acre of land in S.No.223/7 and 0.97 acre of land in S.No.224/4 in Pethasamuthiram Village, Kallakurichi Taluk, Villupuram District, by the Government of Tamil Nadu. Since then, the petitioner is in possession and enjoyment of the property. In order to have a separate patta for his assigned land, the petitioner applied to the Tahsildar, Kallakurichi Taluk and requested him to issue a separate patta for the above lands. The Tahsildar, instead of issuing a separate patta for https://hcservices.ecourts.gov.in/hcservices/

the above mentioned assigned land, passed an order on 05.05.1998, in which, he has divided the petitioner's lands, which comes under other survey numbers and included other persons' name in the patta not connected to his family. 3.

The case of the petitioner is that the above mentioned assigned lands completely belongs to him even as per the Settlement Register and hence, he sent a representation to the 1st and 2nd respondents on 24.03.2016 seeking to consider his grievance. Since no action is taken on his representation, the petitioner is before this Court.

4.

Heard the learned counsel on either side and perused the material documents available on record.

5.

Considering the facts and circumstances of the case and without going into the merits of the case, this Court directs the respondents to consider the petitioner's representation dated 24.03.2016 on merits and in accordance with law and pass appropriate orders within a period of four months from the date of receipt of a copy of this order.

This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar aeb To:

1.The District Collector, Collectorate, Villupuram, Villupuram District.

2.The District Revenue Officer, Collectorate, Villupuram, Villupuram District.

+1cc to Mr.D.Muthukumar, Advocate, S.R.No.4324 +1cc to the Government Pleader, S.R.No.4935 W.P.No.1732 of 2017 KJI(CO) CA(10/02/2017) https://hcservices.ecourts.gov.in/hcservices/