M.Roja v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.24675 of 2021 and W.M.P.No.26028 of 2021 M.Roja

...Petitioner

Vs

1. The District Collector, Collectorate Office, Thiruvallur.

2. The Tahsildar, Thiruvallur.

3. A.Bakkiammal

4. A.Christuraj

5. A.Clement Joe

6. Arun

...Respondents

Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the second respondent to conduct the enquiry by allowing the petitioner to participate before sub dividing in the lands comprised in survey No.12/2A and 13/3A situate at Kilacherri Village, Thiruvallur District as per the direction of the first respondent dated 03.05.2021.

For Petitioner : Mr.R. Karunagaran For Respondents: Mr.A.Selvendran Special Government Pleader

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the second respondent to conduct enquiry by allowing the petitioner to participate before sub dividing the lands comprised in survey No.12/2A and 13/3A situated at Kilacherri Village, Thiruvallur District as per the direction of the first respondent dated 03.05.2021.

2.Heard, Mr.R.Karunagaran, learned counsel appearing for https://hcservices.ecourts.gov.in/hcservices/

the petitioner and Mr.A.Selvendran, learned Special Government Pleader appearing for the respondents 1 & 2.

3.The property, comprised in survey No.12/2A admeasuring to an extent of 0.12 cents and in survey No.13/3A admeasuring to an extent of 0.03 1⁄2 cents situated at Kilacherri Village, Thiruvallur Taluk and District, was purchased by the petitioner by a registered sale deed dated 23.02.2021 vide document No.935 of 2021. However, the predecessor in title attempted to sell their remaining adjacent property without sub division of the subject property.Therefore, the petitioner made a representation seeking permission to participate in the enquiry for sub division before the first respondent. On receipt of the same, the first respondent directed the second respondent to conduct enquiry.

4.Considering the above, the second respondent is directed to consider the representation of the petitioner, after issuance of notice to the respondents 3 to 6, after giving them an opportunity of hearing and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

5.With the above direction, the writ petition is disposed of.Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar Lpp To

1. The District Collector, Collectorate Office, Thiruvallur.

2. The Tahsildar, Thiruvallur.

+1cc to M/s.R.Karunagaran, Advocate, S.R.No.60109 +1cc to the Government Pleader, S.R.No.60265 W.P.No.24675 of 2021 and W.M.P.No.26028 of 2021 BP(CO) RGA(08/02/2022) https://hcservices.ecourts.gov.in/hcservices/