Madras High CourtWP/18437/2014disposed of

N.Sathiyamoorthy v. The District Revenue Officer

2021-12-10Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2021

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.18437 of 2014 N.Sathiyamoorthy ... Petitioner vs.

1. The District Revenue Officer, Collectorate Sathuachary Vellore - 632 009.

2. The District Collector, Collectorate Sathuvachary Vellore-632 009.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider and pass orders on the representation dated 08.04.2014 sent by the petitioner seeking to issue proper notice to the petitioner under relevant provisions of law and proceed with the acquisition of his property first in S.No.5/11 and 5/17 of Amburpet Village, Vaniyambadi Taluk, Vellore District to a total extent of 25 cents, under due process of law and till then restrain the officials from disturbing the petitioner's peaceful possession and enjoyment of his property, within a period as fixed by this Court.

For Petitioner : Mr.P.S.Kothandaraman For Respondents : Mr.P.Baladhandayutham Special Government Pleader

ORDER

This writ petition has been filed to issue a Writ of Mandamus, directing the respondents to consider and pass orders on the representation dated 08.04.2014 sent by the petitioner seeking to issue proper notice to the petitioner under relevant provisions of law and proceed with the acquisition of his property first in S.No.5/11 and 5/17 of Amburpet Village, Vaniyambadi Taluk, Vellore District to a total extent of 25 cents, under due process of law and till then restrain the https://hcservices.ecourts.gov.in/hcservices/

officials from disturbing the petitioner's peaceful possession and enjoyment of his property, within a period as fixed by this Court.

2. The learned Special Government Pleader appearing for the respondents submitted that since bifurcation of Vellore District the subject land comes under the jurisdiction of Tirupathur District and after a period of seven years, the representation dated 08.04.2014 made by the petitioner, may not be available with the office of the respondents. Therefore, he prayed for necessary direction in the present case.

3. Therefore, the petitioner is directed to submit fresh representation before the District Collector and the District Revenue Officer, Tirupathur District within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the District Collector and the District Revenue Officer, Tirupathur District are directed to consider the same and after giving opportunity of hearing to the petitioner, pass orders on merits and in accordance with law, within a period of twelve weeks, thereafter.

4. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar dm To

1. The District Revenue Officer, Collectorate, Sathuachary Vellore - 632 009.

2. The District Collector, Collectorate,Sathuvachary Vellore-632 009.

3. The District Collector, Tirupathur District.

4. The District Revenue Officer,Tirupathur District. +1cc to Mr.P.S.Kothandaraman, Advocate, S.R.No.65900 +1cc to the Government Pleader, S.R.No.66170 W.P.No.18437 of 2014 SV(CO) CT 31/01/2022 https://hcservices.ecourts.gov.in/hcservices/