K.A.Elumalai v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.A.Elumalai : Petitioner Vs.
1.The District Collector, Collector Office, Viluppuram-605 602.
2.The Assistant Director, Survey and Land Records Department, Viluppuram.
3.Revenue Divisional Officer, Marakanam Taluk, Tindivanam Division, Viluppuram.
4.The Tahsildar, Marakkanam, Viluppuram District.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the respondents to consider petitioner's representation dated 16.06.2014, 14.06.2021, 27.10.2021, 23.12.2022, 20.10.2024, 03.02.2025 and 19.02.2025 and consequently direct the respondents to carry out the rectification of the sub-division in the FMB map relating to Old Survey No.123/17, New Survey No.96/16, situated at Kurur Village, Marakanam Taluk and pass orders.
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For Petitioner : Mr.R.Karthik for M/s.R.K.Law Firm For Respondents : Mr.A.Selvendran Special Government Pleader
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. The present writ petition is filed praying for a writ of mandamus to direct the respondents to consider petitioner's representations dated 16.06.2014, 14.06.2021, 27.10.2021, 23.12.2022, 20.10.2024, 03.02.2025 and 19.02.2025 and consequently direct the respondents to carry out the rectification of the sub-division in the FMB map relating to property comprised in Old Survey No.123/17, New Survey No.96/16, situated at Kurur Village, Marakanam Taluk.
3. It is submitted by the learned counsel for the petitioner that petitioner submitted the above representations before the respondents seeking to carry out rectification of the sub-division in the FMB map, in respect to the subject property. The said representations were not considered so far. Aggrieved by the same, the 2/6
petitioner has filed the present writ petition.
4. At the outset, it was submitted by the learned Special Government Pleader for respondents that representations dated 16.06.2014, 14.06.2021, 27.10.2021, 23.12.2022, 20.10.2024, 03.02.2025 and 19.02.2025, made by petitioner would be considered and appropriate orders would be passed, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.
5. In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions: i) The respondents shall consider the representations dated 16.06.2014, 14.06.2021, 27.10.2021, 23.12.2022, 20.10.2024, 03.02.2025 and 19.02.2025, after issuing notice and affording a reasonable opportunity of hearing to the petitioner and all other interested parties including rival claimants, if any. ii) Though facts have been set out in affidavit, in view of the limited relief that is sought to be granted, I do not propose to examine the same, lest it may influence the authority. The authority shall independently consider the facts and law set out in the representations and pass appropriate order in accordance with law.
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iii) The petitioner's representations dated 16.06.2014, 14.06.2021, 27.10.2021, 23.12.2022, 20.10.2024, 03.02.2025 and 19.02.2025 shall be disposed of within a period of sixteen (16) weeks from the date of uploading of web copy without waiting for the receipt of certified copy. iv) It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. Rights and contentions of the petitioner and all other interested parties are left open.
6. Accordingly, the writ petition stands disposed of. There will be no order as to costs. Consequently, connected miscellaneous petition is closed. 11.07.2025 Speaking (or) Non Speaking Order mrn To 1.The District Collector, Collector Office, Viluppuram-605 602.
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2.The Assistant Director, Survey and Land Records Department, Viluppuram.
3.Revenue Divisional Officer, Marakanam Taluk, Tindivanam Division, Viluppuram.
4.The Tahsildar, Marakkanam, Viluppuram District.
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MOHAMMED SHAFFIQ, J.
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