L.Gangadharan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :06.08.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.21980 of 2024 L.Gangadharan
...Petitioner
Vs.
1.The District Collector Salem District, District Collectorate, Salem
2. The District Revenue Officer Salem District.
3.The Revenue Divisional Officer Sangari Revenue Taluk, Salem District.
4. The Tahsildar Sangari Taluk, Salem District.
5.The Village Administrative Officer Sangari Taluk, Salem District.
..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to consider and dispose of the petitioner's representation dated 28.08.2023 seeking to cancel the classification of Survey No. 158/7 situated at Sangari Taluk, Salem District 1/5
as common pathway and to issue joint patta for the said survey number in favour of the petitioner and his brother namely L.Muruganandham. For Petitioner : Mr.T.L.Thirumalaisamy For Respondents 1 to 5 : Mr.S.J.Mohamed Sathik Government Advocate
O R D E R
The petitioner herein seeks a direction to 2nd respondent to consider his representation dated 28.08.2023 seeking cancellation of the classification made in the revenue records mentioning Survey No.158/7 as common pathway.
2. According to the petitioner, he is having right over the property with an extent of 810 Sq.feet situated in Survey No.158/7 under a Will executed by his mother. It is the case of the petitioner that above said land was wrongly classified as common pathway. Therefore, he submitted a representation seeking cancellation of the classification as a common pathway and entry of his name in the revenue records. The representation of the petitioner was submitted to respondents on 28.08.2023 and the same has not been considered till date.
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3. The learned Special Government Pleader appearing for the respondents 1 to 5 submitted that the representation of the petitioner will be considered and final orders will be passed within a time fixed by this Court.
4. In view of the limited prayer made by the petitioner, this Court, without going into the merits of the claim made by the petitioner, is inclined to direct the 4th respondent to consider the representation of the petitioner dated 28.08.2023 and pass finals orders on merits after issuing necessary notice to the persons interested within a period of twelve weeks from the date of receipt of copy of this order.
5. With the above directions, this writ petition is disposed of. No costs 06.08.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr To 3/5
1.The District Collector Salem District, District Collectorate, Salem
2. The District Revenue Officer Salem District.
3.The Revenue Divisional Officer Sangari Revenue Taluk, Salem District.
4. The Tahsildar Sangari Taluk, Salem District.
5.The Village Administrative Officer Sangari Taluk, Salem District.
S.SOUNTHAR , J.
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