Jeyaprakash v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Jeyaprakash

...Petitioner

vs.

1. The District Collector, Kallakurichi District, Kallakurichi.

2. The Revenue Tahsildar, Kallakurichi Taluk Office, Kallakurichi,

3. The Surveyor, Kallakurichi Taluk Office, Kallakurichi,

4. Village Administrative Officer, Village Administrative Officer, Asakalathur Village, Kallakurichi Taluk, ... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the second and third respondent to survey the 1/6

petitioner Natham land bearing Survey No.222/1B for an extent of 00166 Sq. Mt. situated in Asakalathur Village, Kallakurichi Taluk, Kallakurichi District by considering the representation of the petitioner dated 03.02.2021 in accordance with law.

For Petitioner : Mr.M.Velmurugan For respondents : Mr.G.Krishna Raja Additional Government Pleader

ORDER

This writ petition has been filed seeking for issuance of a Writ of Mandamus to direct the second and third respondents by considering the petitioner's representation dated 03.02.2021, to survey the petitioner's Natham land bearing Survey No.222/1B of an extent of 00166 Sq. Mt. in Asakalathur Village, Kallakurichi Taluk, Kallakurichi District.

2. The case of the petitioner is that he is in possession of the above said Natham land without any hindrance. Seeking to survey the said land, the petitioner made a representation before the first respondent on 30.04.2022. But, till date the said representation was not considered by the first respondent. Hence, the petitioner has come up with the present writ petition seeking the aforesaid relief.

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3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the second and third respondents to consider the petitioner's representation dated 30.04.2022 and pass orders on merits within a particular time frame to be fixed by this Court.

4. The learned Additional Government Pleader appearing for respondent has no objection for said order being passed.

5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the petitioner to send fresh copy of the representation dated 30.04.2022 to the second and third respondents and on receipt of the same, the second and third respondents are directed to consider the said representation of the petitioner and pass 3/6

appropriate orders, on merits and in accordance with law after affording an opportunity of hearing to the petitioner as well as aggrieved persons if any, within a period of twelve weeks thereafter.

7. With the above observations and direction, the Writ Petition is disposed of. No costs. Consequently connected miscellaneous petition is closed.

29.06.2022 RAP Index : Yes/No Speaking order : Yes/No To

1. The District Collector, Kallakurichi District, Kallakurichi.

2. The Revenue Tahsildar, Kallakurichi Taluk Office, Kallakurichi,

3. The Surveyor, Kallakurichi Taluk Office, Kallakurichi, 4/6

4. The Village Administrative Officer, Village Administrative Officer, Asakalathur Village, Kallakurichi Taluk, 5/6

M.DHANDAPANI, J.

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