M.Selvaraj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.10.2016

CORAM:

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P.No.36764/2016 & WMP.No.31608/2016 M.Selvaraj ..

Petitioner Vs.

1.The District Collector Salem District, Salem.

2.The District Revenue Officer Salem.

3.The Revenue Divisional Officer Attur, Salem District.

4.The Tahsildar Attur Taluk, Salem District.

..

Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondents 3 and 4 to register in computer and upload the land details in the online database including "D" Card Patta in respect of the land in S.No.340/4 [2.78 acres] of Navakkurichy Village, Attur taluk, Salem District within the stipulated time that to be fixed by this Court. For Petitioner :

Mr.P.P.Shanmugasundaram For Respondents :

Mr.S.V.Duraisolaimalai, AGP

ORDER

Heard the learned counsel for the petitioner and Mr.S.V.Duraisolaimalai, learned Additional Government Pleader who accepts notice on behalf of the respondents and with the consent on either side, the writ petition is taken up for final disposal. 2 The petitioner would state that his father, Thiru Muthusamy Gounder, was assigned with 2.78 acres of punja land comprised in S.No.340/4, situate in Navakkurichy village, Attur Taluk, Salem District on 16.10.1964 and was also issued with a patta bearing No.454 and after his demise on 05.08.1994, the petitioner and his mother/wife of Thiru Muthusamy Gounder were the only legal heirs and are in possession and enjoyment of the property. Since the land details were not registered in the Computer and uploaded in the

online database, the petitioner made a request on 15.11.2012, pursuant to which, the 4th respondent inspected the land and submitted the proposal to the 3rd respondent for passing appropriate orders for registering the details in the computer and uploading the same. Despite the same, the 3rd respondent has not taken any steps to issue necessary orders and once again, the petitioner submitted a representation dated 01.06.2015 seeking the very same relief and the petitioner was informed that necessary proposal is sent to the 3rd respondent for appropriate action. Again, the petitioner made a representation on 18.01.2016 to the authorities on the People Grievance Day for which the 3rd respondent issued a Memo dated 25.01.

2016 to the petitioner and directed the 4th respondent to take appropriate action on the petitioner's representation ; without aware of the fact that the very same relief sought for by the petitioner, is pending before him for consideration along with the recommendation of the 4th respondent. Since no steps were initiated by the 3rd respondent, the petitioner also submitted another petition dated 03.06.2016, which also did not evoke any response. Hence, the petitioner is before this Court, with the present writ petition.

3 Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner either in this writ petition or in his representation, directs the respondent to consider and dispose of the petitioner's representation dated 03.06.2016 on merits and in accordance with law and pass orders within a period of three months from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. The writ petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.

-sd/- Assistant Registrar / TRUE COPY / Sub-Assistant Registrar To 1.The District Collector Salem District, Salem.

2.The District Revenue Officer Salem.

3.The Revenue Divisional Officer Attur, Salem District.

4.The Tahsildar Attur Taluk, Salem District.

+1 cc to MR.PP.SHANMUGASUNDARAM,Advocate SR.NO. 59338 +1 cc to Government pleader ,high court,madras SR.NO. 60177 WP.No.36764/2016 pk[co] RD 12/11/2016