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Madras High CourtWP/22014/2021disposed of

Susilamma v. The District Collector

2021-10-08Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.10.2021

CORAM:

THE HONOURABLE MRS. JUSTICE V. BHAVANI SUBBAROYAN W.P.NO.22014 OF 2021 (THROUGH VIDEO CONFERENCE)

1) Susilamma

2) Chinnakka

3) Kullamma

4) Nagaraj

5) Munikirushnappa

6) Madeviyamma

7) Savithiyamma .. Petitioners

Versus

1. The District Collector, District Collector Office, Krishnagiri District.

2. The Tahsildar, Denkanikottai Taluk, Denkanikottai, Krishnagiri District.

.. Respondents PRAYER:

Writ Petition 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 petitioner's representation dated 28.07.2021 with regard to measure and demarcate the petitioner's land in Survey Nos.1017/43 to 1017/49 in HSD No.646/1409, extent 3 cent in pelur, Marudhanapalli Village, Denkanikottai Taluk, Krishnagiri District and to register the same in the records of the Marudhanapalli Village within a time frame that may be fixed by this Court. For Petitioner : Mr.T.Elumalai For RR 1 to 3 : Mr.Yogesh Kannadasan Government Advocate

O R D E R This Writ Petition is filed seeking for issuance of a Writ of Mandamus, to direct the respondents to consider and pass orders on the petitioner's representation dated 28.07.2021 with regard to measure and demarcate the petitioner's land in Survey Nos.1017/43 to 1017/49 in HSD No.646/1409, extent 3 cent in Pelur, Marudhanapalli Village, Denkanikottai Taluk, Krishnagiri District and to register the same in the records of the Marudhanapalli Village within a time frame to be fixed by this Court.

2. The case of the petitioner is that the petitioner is a poor coolie. In the year 1998, the petitioner has given several representations to the District Collector for the grant of patta for a house site. On 12.07.2000, the petition submitted by the first petitioner along with other petitioners was accepted and patta was assigned in Survey No.1017/43 to 1017/49 in HSD No.646/1409 situated at Marudhanapalli Village, through the Tahsildar, Thenkanikottai, but the same was not registered in the Marudhanapalli Village records. He also further submitted that the above said land has not been surveyed and measured. Due to the same, the petitioner is unable to build a house in the above said land.

3. Aggrieved by the same, the petitioner approached the second respondent to mutate the same in the Marudhanapalli Village records and to measure and demarcate the petitioner's land in Survey No.1017/43 to 1017/49 to an extent of 3 cents in Pelur Village, Marudhanapalli Post, Denkanikottai Taluk, Krishnagiri District and to register in the records of the Marudhanapalli Village and to grant new patta for the petitioner. Thereafter, the petitioner made a representation dated 28.07.2021 to the respondents seeking for the aforesaid relief. Till date, no action has been taken by the second respondent. Hence, the petitioner has come forward with the present writ petition before this Court.

4. The learned counsel appearing for the petitioners submitted that the petitioners will be satisfied if a direction is issued to the 2nd respondent to consider the petitioner's representation dated 28.07.2021 and dispose of the same within a stipulated time that may be framed by this Court.

5. Having regard to the limited scope of the prayer that is now sought for in this writ petition before this Court and taking into account the submissions made on either side, without expressing any opinion on the merits of the petitioner's

representation or the case pleaded by the petitioner in the present writ petition and also upon considering the fact that the patta has been assigned long back in favour of the petitioner and the petitioners herein seek only for demarcating the petitioner's land, this Writ Petition is Disposed of, with a direction to the 2nd respondent to consider the petitioner's representation dated 28.07.2021 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and respondents within a period of twelve(12) weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sts To:

1. The District Collector, District Collector Office, Krishnagiri District.

2. The Tahsildar, Denkanikottai Taluk, Denkanikottai, Krishnagiri District.

+1cc to Mr. T.Elumalai, Advocate, S.R.No.53029 W.P.No.22014 of 2021 SS(CO) PM/02/12/2021