R.Sathiyamoorthy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.11.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.25256 OF 2021 R.Sathiyamoorthy .... Petitioner .Vs.
1. The District Collector Collectorate Erode-638 011
2. The Tahsildar Modakurichi Taluk
3. The Revenue Inspector Avalpoondhurai Circle Modakurichi Taluk Erode District
4. The Village Administrative Officer 5 - Kaspapettai 'B' Village Modakurichi Taluk
5. Thangamuthu .... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 4 to issue the Possession Certificate, Chitta, Adangal, Re-settlement Register (RSR), Field Measurement Book Plan (FMB) and Topo sketch for the lands measuring 5.93 acres comprised in S.F Nos.595/6, 595/8 and 597/3 of Kaspapettai 'B' Village, Modakurichi Taluk, Erode District by considering the petitioner's representations dated 17.08.2021, 28.08.2021 and 08.10.2021.
For Petitioner : Mr.N. Manokaran For R1 to R4 : Mr.Yogesh Kannadasan Special Government Pleader
ORDER
This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to consider the representation of the petitioner dated 17.08.2021, 28.08.2021 and 08.10.2021, to issue the Possession Certificate, Chitta, Adangal, Re-settlement Register (RSR), Field Measurement Book Plan (FMB) and Topo sketch for the lands comprised in S.F Nos.595/6, 595/8 and 597/3 admeasuring to an extent of 5.93 acres situated at Kaspapettai 'B' Village, Modakurichi Taluk,
2. Heard Mr.N.Manokaran, learned counsel appearing for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents 1 to 4.
3. Without expressing any opinion on merits of the writ petition, the second respondent is directed to consider the application submitted by the petitioner for issuance the Possession Certificate, such as Chitta, Adangal, Re-settlement Register (RSR), Field Measurement Book Plan (FMB) and Topo sketch for the lands comprised in S.F Nos.595/6, 595/8 and 597/3 admeasuring to an extent of 5.93 acres situated at Kaspapettai 'B' Village, Modakurichi Taluk, Erode District, and conduct enquiry, after issuance of notice to the fifth respondent, after giving them an 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.
4. With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Lpp
To
1. The District Collector Collectorate Erode-638 011
2. The Tahsildar Modakurichi Taluk
3. The Revenue Inspector Avalpoondhurai Circle Modakurichi Taluk
4. The Village Administrative Officer 5 - Kaspapettai 'B' Village Modakurichi Taluk +1cc to Mr.N. Manokaran, Advocate, S.R.No.62059 +1cc to the Government Pleader, S.R.No.62656 W.P.No.25256 of 2021 RLP(CO) PM/10/01/2022