A.K.Jafarullah v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12.2021

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P. No. 25535 of 2021 A.K.Jafarullah

...Petitioner

Vs

1. The District Collector, District Collectorate,

2. The District Revenue Officer, Office of the District Revenue Officer,

3. The Revenue Divisional Officer, Office of the Revenue Divisional Officer,

4. The Tahsildar, The Tahsildar Office,

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to measure and demarcate the said land situated in R.S.No.227/2A, 227/3, 227/5 of Thadapallikarai Village (043), Erode and issue separate patta to the above referred land based on the petitioner's representation dated 25.11.2020 and 23.11.2020 within a stipulated time frame. For Petitioner : Mr. S.Saravana Kumar For Respondents : Mr.P. Baladhandayutham Special Government Pleader

O R D E R

The Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents to measure and demarcate the said land situated in R.S.No.227/2A, 227/3, 227/5 of Thadapallikarai Village (043), Erode and issue separate patta to the above referred land based on the petitioner's representation dated 25.11.2020 and 23.11.2020 within a stipulated time frame.

2. Heard, Mr.S. Saravana Kumar, learned counsel appearing for the petitioner and Mr.P. Baladhadayutham, learned Special Government Pleader appearing for the respondents.

3. The petitioner submitted a representation dated 23.11.2020 & 25.11.2021 before the third and fourth respondents to issue a separate patta in respect of the property comprised in R.S.No.227/2A, 227/3, 227/5 situated at Thadapallikarai Village (043), Erode. The petitioner also paid requisite fee to survey the land. Even then, the respondent did not take any steps to survey the land.

4. Without going into the merits of the case, the fourth respondent is directed to consider the representation of the petitioner dated 23.11.2021, after issuance of notice to the adjacent land owners and counter parties, if any, and after giving them opportunity of hearing and pass orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition is disposed of. No costs.

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

1. The District Collector, District Collectorate, Erode.

2. The District Revenue Officer, Office of the District Revenue Officer,

3. The Revenue Divisional Officer, Office of the Revenue Divisional Officer,

4. The Tahsildar, The Tahsildar Office, +1cc to Mr.I.Abrar MD Abdullah, Advocate, S.R.No.64116 +1cc to the Government Pleader, S.R.No.63468 W.P. No. 25535 of 2021 BR[co] NSK 16/12/2021