A.Kumaran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21.07.2016

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.25371 of 2016 A.Kumaran ... Petitioner Vs.

1.The District Collector, Tiruppur District, Tiruppur.

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

3.The Tahsildar, Palladam Taluk, Tiruppur District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the 3rd respondent to survey the property in Survey No.411/2H including the pathway and demarcate the same as per the Deed of Assignment dated 05.02.1996 by considering the representation dated 26.06.2014 within the time stipulated by this Court.

For Petitioner : Mr.M.Purushothaman For Respondents: Mr.R.Vijayakumar, Additional Government Pleader

O R D E R

By consent, this writ petition is taken up for final disposal.

2. The petitioner would state that his father was an Exservice man and his father was granted assignment through a Deed of Assignment dated 05.02.1996, by the Special Tahsildar, Land Ceiling, Coimbatore and claims to be in possession and enjoyment of the same and after his demise, the patta and the other relevant documents in the revenue records have been changed in the name of his mother. The grievance expressed by the petitioner is that though the deed of assignment given to his father, in respect of the lands situated in S.No.411/2H in V.Kallipalayam Village, Palladam Taluk, Tiruppur District, as early as on 1996, no proper survey and demarcation has been https://hcservices.ecourts.gov.in/hcservices/

done and in this regard, submitted a representation dated 26.06.2014 to the respondent by paying prescribed fee, since no orders have been passed, came forward to file this writ petition.

3. Heard the submissions of Mr.M.Purushothaman, learned counsel appearing for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleadear, who accepts notice on behalf of the respondents.

4. Though the petitioner prayed for larger relief, this Court in the light of the above facts and circumstances and without going into the merits of the same, directs the third respondent to consider and dispose of the petitioner's representation dated 26.06.2014 in accordance with law, after putting on notice, the persons concerned and pass orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the persons concerned. The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vsm To 1.The District Collector, Tiruppur District, Tiruppur.

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

3.The Tahsildar, Palladam Taluk, Tiruppur District.

+2ccs to Mr.M. Purushothaman, Advocate, S.R.No.41336 CA(CO) EU(08/08/2016) Writ Petition No.25371 of 2016 https://hcservices.ecourts.gov.in/hcservices/