Ramesh R v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Ramesh R ... Petitioner vs.

1.The District Collector, Salem District.

2.The Tahsildar, Pethanaickanpalayam Taluk, Salem District.

3.The Head Surveyor, Pethanaickanpalayam Taluk, Salem District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to consider the petitioner's representation request number: 10052777 dated 28.08.2024 and to survey the petitioner's land in Survey No. 29/1A2 in patta number 1678 measuring an extent of 0.20.62 Ares respectively situated at Malayalapatti Village, Pethanaickanpalayam, Salem District and to fix its 1/5

boundaries as per the sale deed in document number 2138/2012 dated 04.06.2012, within the period that may be stipulated by this Court. For Petitioner : Mr.A.Arun Kumar For Respondents : Mr.P.Sathish Additional Government Pleader

O R D E R

By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.

2. The petitioner herein seeks a direction to the 2nd respondent to consider his representation dated 28.08.2024 for survey of his land situated in Survey No.29/1A2 in Patta No.1678 measuring an extent of 20.62 ares, Malayalapatti Village, Pethanaickanpalayam Taluk, Salem District.

3. According to the petitioner, he purchased the above mentioned property from one Ramachandran and Gobi by a registered Sale Deed dated 04.06.2012 vide Document No.2138/2012 on the file of the Sub-Registrar 2/5

Office, Pethanaickanpalayam and he has been in possession and enjoyment of the same from the date of execution of the sale deed. The petitioner submitted an online application seeking survey of the above mentioned property on 15.07.2024 and same has not been considered. Hence, the petitioner submitted a representation to the 2nd respondent on 28.08.2024 seeking survey of his land as per his online application and the same has not been considered by the 2nd respondent till date. Hence, the petitioner is before this Court.

4. Mr.P.Sathish, learned Additional Government Pleader, who is taking notice for the respondents would submit the representation of the petitioner dated 28.08.2024 will be considered by the 2nd respondent on its own merits and in accordance with law, within the time fixed by this Court.

5. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the 2nd respondent to consider the representation of the petitioner dated 28.08.2024 and pass final orders on its own merits and in accordance with law, within a period of six weeks from the date of receipt of copy of this order. 3/5

6. With the above direction, the Writ Petition stands disposed of. No costs.

20.09.2024 Index : Yes/No Speaking order:Yes/No dm To 1.The District Collector, Salem District.

2.The Tahsildar, Pethanaickanpalayam Taluk, Salem District.

3.The Head Surveyor, Pethanaickanpalayam Taluk, Salem District.

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S.SOUNTHAR, J.

dm 20.09.2024 5/5