L.M.C.Anbalagan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.No.15641 of 2021 L.M.C. Anbalagan, S/o. Chidambaram
...Petitioner
Vs.
1.The District Collector, Salem.
2.The Revenue Divisional Officer, Salem.
3.The Tahsildar, Taluk Office, Salem West, Salem.
4.The Block Development Officer, Veerapandi Union, Salem West, Salem.
...Respondents
Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents herein to survey the odai existing at S.F. No.16/3, 17/1, 17/5, 20/1, 33, 24, 18/1 of Lakuvampatti Village, Salem District after harvesting the crops planted at SF.No.17/2, 17/3, 16/1 and 20 and 18 of Lakuvampatti Village, Salem District by considering the representation of the petitioner herein dated 09.07.2021.
For Petitioner :
Mr.R.Nalliyappan For Respondents :
Mr.Yogesh Kannadasan, Government Advocate for R1 to R3 Mr.Richardson Wilson Government Advocate for R4
O R D E R
(The case has been heard through video conference) The Writ Petition has been filed seeking a direction directing the respondents to consider the petitioner's application dated 09.07.2021 seeking to survey the water channel existing at SF. Nos.16/3, 17/1, 17/5, 20/1, 33, 24, 18/1 of Lakuvampatti Village, Salem District after harvesting the crops planted in SF Nos. 17/2, 17/3, 16/1 and 20 and 18 of Lakuvampatti Village, Salem District.
2. The grievance of the petitioner is that, the petitioner is the owner of the property in the above said survey numbers and there is a water channel running in the middle of his land. As on today, the petitioner has planted cassava, banana and turmeric in the field and now, it is ready for harvesting. In the said circumstances, surveying the land is likely to damage the standing crops in the petitioner's land. Hence, he has made a representation to the respondents on 09.07.2021 to conduct survey after harvesting the crops and that representation is pending with the respondents and so far, no order has been passed on it. Hence, the present writ petition has been filed by the petitioner.
3. Considering the limited prayer sought in the Writ Petition, without going into the merits of the case, the 3rd respondent Tahsildar is directed to consider the petitioner's representation and to pass suitable orders on merits in accordance with law after hearing the petitioner as well as 4th respondent within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly, this Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (CS-VI) // True Copy // Sub Assistant Registrar rpp
To 1.The District Collector, Salem.
2.The Revenue Divisional Officer, Salem.
3.The Tahsildar, Taluk Office, Salem West, Salem.
4.The Block Development Officer, Veerapandi Union, Salem West, Salem.
+1cc to the Government Pleader SR.No.37356 W.P.No.15641 of 2021 GMI(CO) RVM(25/08/2021)