P.Chandrasekar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2021

CORAM:

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P. NO.20585 OF 2021 AND W.M.P. NO.21833 OF 2021

1. P.Chandrasekar,

2. P.Karunakaran ... Petitioners -Vs1. The District Collector, Tiruvannamalai District, Tiruvannamalai- 606 604.

2. The Tahsildar, Kilpennathur Taluk, Tiruvannamalai - 606 754.

3. The Surveyor, Kilpennathur Taluk, Tiruvannamalai - 606 754.

... Respondents PRAYER: This Petition is filed under Article 226 of the Constitution of India, praying to issue a for to issue Writ of Mandamus directing the 2nd and 3rd respondents to survey and sub-divide the lands comprised in S.No.20/10 bearing Patta No.473, having an extent of 1 Acre 25 cents, situated at Kallayee Village, Kilpennathur Taluk, Tiruvannamali District, the lands comprised in S.No.33/9B bearing Patta No.465 having an extent of 34 cents and S.No.36/3, bearing Patta No.486 having an extent of 8 cents situated at Sorathur Village, Kilpennathur Taluk, Tiruvannamalai District and grant patta in favour of the petitioner.

For Petitioners :: Mr.P.G.Thiyagu For Respondents :: Mr.Yogesh Kannadasan (Government Advocate)

O R D E R

The relief sought for in this writ petition is to issue a Writ of Mandamus directing the 2nd and 3rd respondents to survey and sub-divide the lands comprised in S.No.20/10 bearing Patta No.473, having an extent of 1 Acre 25 cents, situated at Kallayee Village, Kilpennathur Taluk, Tiruvannamali District, the lands comprised in S.No.33/9B bearing Patta No.465 having an extent of 34 cents and S.No.36/3, bearing Patta No.486 having an extent of 8 cents situated at Sorathur Village, Kilpennathur Taluk, Tiruvannamalai District and grant patta in favour of the petitioner and pass appropriate orders accordingly.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents as well as perused the material available on records.

3. Having considering the facts and circumstances of the case and the submissions of the learned counsel on either side, it is seen that this Court by its order dated 02.03.2018 directed the respondents 2 & 3 to consider the representation dated 19.10.2017 of the 1st petitioner herein and pass orders on the same on merits and in accordance with law. As there is no action taken on the side of the respondents 2 & 3, the petitioner has submitted an application before the 2nd respondent to survey the aforesaid lands after paying requisite fees as mandated for surveying the land. Since there is no action and reply from the respondents 2 & 3, the 1st petitioner has again sent a representation on 02.09.2019 to the 1st respondent complaining the respondents 2 and 3 for their dereliction work .

The 1st respondent has neither replied nor taken any action on his representation. Under such circumstances, this Court without expressing any opinion with regard to the merits of the case, directs the respondents 2 and 3 to comply with the orders dated 02.03.2018 passed by this Court within a period of 12 weeks from the date of receipt of copy of this order.

4. With the aforesaid directions, the Writ petition is disposed of accordingly. As a consequence, the connected miscellaneous petition is closed if any. There is no order as to costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar Lbm

To:

1. The District Collector, Tiruvannamalai District, Tiruvannamalai- 606 604.

2. The Tahsildar, Kilpennathur Taluk, Tiruvannamalai - 606 754.

3. The Surveyor, Kilpennathur Taluk, Tiruvannamalai - 606 754.

+1cc to the Government Pleader, S.R.No.50491 W.P. No.20585 of 2021 and W.M.P. No.21833 of 2021 GJ(CO) RLP(23/12/2021)