M.Solla Velleyammal v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 27.09.2022
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.No.25836 of 2022 M. Solla Velleyammal ... Petitioner Vs.
1. The District Collector, Namakkal District, Namakkal
2. The Revenue Divisional Officer, Revenue Divisional Office, Namakkal District, Namakkal
3. The Superintendent of Police, Land Grab Cell, Namakkal, Namakkal District
4. Tahsildar, Kolli hills Taluk, Kollimalai.
5. Kanatha Selvaraj
6. Kanatha Chinnaamy ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the respondents 1 to 4 to survey the land in survey No.475/3 situated at Thirupllindu, Sembooth Valaive Village Kolli Hills Taluk, Namakkal District measuring to an extent of 1 acre 1 cent as per the patta No.599 issued in favour of the petitioner in Ne.Mu.pa.Mu.125/611/2020-21 dated 30.04.2021 by the Deputy Zonal Tahsildar, Namakkal with police protection and demarcte the
property and pass orders.
For Petitioner : Mr.R. Govindasamy For Respondents : Mr.U. Bharanidharan Additional Government Pleader
O R D E R
By consent of both the parties, the writ petition is taken up for final disposal at the time of admission stage itself.
2. This Writ Petition has been filed seeking for issuance of Writ of Mandamus, directing the first Respondent to dispose of the petitioner's representation dated 06.05.2022.
3. The case of the petitioner is that the subject property is the ancestral property and the same was registered in Doc.No.583 of 2021 before the Sub Registrar Office, Namagiri Pettai. The petitioner was in possession and enjoyment of the subject property. The petitioner made a representation to the first, second and 4th Respondents to survey his land on 06.05.2022. However, the same was not considered. Without having no other option, the petitioner has filed the present writ petition before this Court.
3. The learned counsel for the petitioner submitted that this Court may issue a suitable direction to the respondents to consider the petitioner's representation dated 06.05.2022 and pass appropriate orders within the time stipulated by this Court.
4. The learned Government Advocate appearing on behalf of the official respondents submitted that the petitioner's representation dated 06.05.2022 will be considered and suitable orders will be passed on merits within the stipulated period as fixed by this Court.
5. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court, without going into the merits of the case, direct the first, second and 4th Respondents to consider the petitioner's representation dated 06.05.2022 and take necessary steps to survey the land, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the aforesaid direction, this Writ Petition stands disposed of. No costs.
27.09.2022 Index: Yes/ No
Internet: Yes/No smn To.
1. The District Collector, Namakkal District, Namakkal
2. The Revenue Divisional Officer, Revenue Divisional Office, Namakkal District, Namakkal
3. The Superintendent of Police, Land Grab Cell, Namakkal, Namakkal District
4. Tahsildar, Kolli hills Taluk, Kollimalai.
M.DHANDAPANI,J.
smn W.P.No.25836 of 2022 27.09.2022