Periannan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2024

CORAM:

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Periannan

...Petitioner

-Vs1. The District Collector, Dharmapuri District, Dharmapuri.

2. The Revenue Divisional Officer, Dharmapuri District, Dharmapuri.

3. The Tahsildar, Karimangalam Circle, Dharmapuri District Dharmapuri.

4. Minor R. Harish Represented by Mother Bharathi.

5. Krishnamuthy (R4 and R5 impleaded vide order dated 05.10.2021 made in WMP.No.22729 of 2019 in W.P.No. 16749/2019)

...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus directing the respondents 1 & 2 to consider and pass order on the petitioner's representation dated 17.12.2018 on merits within a reasonable time frame as fixed by this Court.

For Petitioner :

Mr.K.S.Karthik Raja For R1 to R3 :

Mr.K.Surendran Additional Government Pleader For R4 & R5 :

No appearance

O R D E R

This writ petition is filed seeking for issuance of Mandamus to direct the first and second respondent to consider the application of the petitioner dated 17.12.2018 and pass orders on merits within a reasonable time frame as fixed by this Court.

2. The case of the petitioner is as follows:- 2.1 The petitioner purchased lands to an extent of 1.65 acres in S.F.No. 358 in Murukampatti Village, Karimangalam Circle, Dharmapuri District, Dharmapuri. From the date of purchase, the petitioner is in peaceful possession and enjoyment of the properties and the survey number had been 2/5

sub divided as 358/2 and 358/3. While so, the petitioner came to know that for the above said lands, patta has been issued in the name of one Raja. Therefore, the petitioner made a representation to the first respondent on 17.12.2018 for change in Patta. The first respondent received the same and assigned it to the second respondent who is the concerned authority for action. But till date no action has been taken on the same. Aggrieved by the same, the petitioner has come forward with the present writ petition.

3. Though very many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the first and second respondent to consider the petitioner's representation dated 17.12.2018 and pass appropriate orders on merits within a particular time frame to be fixed by this Court.

4. The learned Additional Government Pleader appearing for the first to third respondent has no objection for the said order being passed by this Court.

5. Heard both sides and perused the materials available on record. 3/5

6. In view of the above, the following order is passed by this Court:- "The first and second respondent are directed to consider the representation of the petitioner dated 17.12.2018 on merits, in accordance with law, and pass appropriate orders within a period of eight weeks from the date of receipt of copy of this order.

7. The writ petition is allowed with the above direction. No costs. 11.06.2024 nsl Index:Yes/No Speaking Order : Yes/No Neutral case citation: Yes/No To

1. The District Collector, Dharmapuri District, Dharmapuri.

2. The Revenue Divisional Officer, Dharmapuri District, Dharmapuri.

3. The Tahsildar, Karimangalam Circle, Dharmapuri District Dharmapuri.

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J.SATHYA NARAYANA PRASAD, J.

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