Madras High CourtWP/22888/2021disposed of

A.Balaji v. The District Collector

2021-10-26Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.10.2021

CORAM:

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No. 22888 of 2021 A. Balaji

...Petitioner

Versus

1. The District Collector, Tiruvannamalai District, Tiruvannamalai - 606 601.

2. The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai - 606 601.

3. The Revenue Divisional Officer, Tiruvannamalai Revenue Division, Tiruvannamalai - 606 601.

4. The Tahsildar, Tiruvannamalai Taluk, Tiruvannamalai District.

5. The Head Surveyor, Tiruvannamalai Taluk, Tiruvannamalai District.

6. The Inspector of Police, Town Police Station, Tiruvannamalai District, Tiruvannamalai - 606 601.

...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 the petitioner representation dated 11.08.2021 and 28.09.2021 and to direct the respondents to survey the lands in survey Nos.58/2A, Devanandhal Village, Tiruvannamalai Taluk and District with the protection of Police.

For Petitioner : Mr. K.Kathiresan For Respondents : Mr. Yogesh Kannadasan Government Advocate

ORDER

This writ petition has been filed seeking for a direction to the respondents to consider the petitioner's representations dated 11.08.2021 and 28.09.2021.

2. The case of the petitioner is that he was purchased the land of one hectare bearing Survey Nos.48/1 and 48/2 and New Survey No.58/2A situated at Devanandhal Village, Tiruvannamalai Taluk and District from one Mr.P.Kalai Joseph Veeramani on 11.02.2021 and he also obtained Patta and a small Farmer Certificate from the Government of Tamilnadu in his name and he is in possession and enjoyment of the property. On 11.08.2021 and 28.09.2021 he made a representation to the respondents herein to survey and mark the boundaries of the aforesaid land as per the Government records and he has also paid necessary charges to survey the said lands, after receiving the said representations, the respondents have not taken any steps in this regard. Therefore, the petitioner has come forward with the present writ petition.

3.The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to respondents to consider the petitioner's representations dated 11.08.2021 and 28.09.2021 and to survey the lands within a stipulated time that may be framed by this Court.

4. Having regard to the limited scope of the prayer that is now sought 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 petitioners representation or the case pleaded by the petitioners in the present writ petition, the Writ Petition is disposed of, the respondents are directed to consider the petitioner's representations dated 11.08.2021 and 28.09.2021, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner and necessary parties concerned within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar sp/msm