A.Viswanathan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.11.2022 CORAM :
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.29605 of 2022 and W.M.P.No.28984 of 2022 1.A.Viswanathan 2.A.Nagaraj ... Petitioners Vs.
1.The District Collector, Erode District.
2.The Revenue Divisional Officer, Gobichettipalayam, Erode District.
3.The Tahsildar, Sathyamangalam Taluk, Sathyamangalam, Erode District.
4.The Taluk Head Surveyor, Sathyamangalam Taluk, Sathyamangalam, Erode District.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondents to take action to dispose of the petitioner's representation dated on 22.08.2022, Page No.1 of 7
submitted with regard to survey the petitioner's land by meets and bounds, land properties of an total extent of i) extent of 0.33.0 hectares in Old S.No.16/3, new S.No.65/3, a ii) extent of 0.48.0 Hectares, in Old.S.No.25/3C, New S.No.64/8, iii) extent of 0.48.50 hectares, in Old.S.NO.16/3, New S.No.64/9, iv) extent of 1.26.50 hectares, in Old.S.No.90, New S.No.96/3, and 3/4th right over a well in S.No.96/1 along with Motor Pump set connection and a total right over a Well in S.No.25C3, 16/3, New S.No.64/8, 64/9, vid Patta No's.101, and 854 situated at Akkarathathappalli, Sathyamangalam Taluk, Erode District, by making proper sub-division. For Petitioners :
Mr.V.Logeswaren For Respondents :
Mr.U.Bharanidharan, Additional Government Pleader
O R D E R
The petitioner has filed this petition seeking direction to the respondents to take action to dispose of the petitioner's representation dated on 22.08.2022, submitted with regard to survey the petitioner's land by meets and bounds, land properties of an total extent of i) extent of 0.33.0 hectares in Old S.No.16/3, new S.No.65/3, a ii) extent of 0.48.0 Hectares, in Old.S.No.25/3C, New S.No.64/8, iii) extent of 0.48.50 hectares, in Old.S.NO.16/3, New S.No.64/9, iv) extent of 1.26.50 hectares, in Old.S.No.90, New S.No.96/3, and 3/4th right Page No.2 of 7
over a well in S.No.96/1 along with Motor Pump set connection and a total right over a Well in S.No.25C3, 16/3, New S.No.64/8, 64/9, vid Patta No's.101, and 854 situated at Akkarathathappalli, Sathyamangalam Taluk, Erode District, by making proper sub-division.
2. By consent of both the parties, this writ petition is taken up for disposal at the stage of admission itself.
3. The case of the petitioners is that the petitioners have derived the Agriculture land properties to an i) extent of 0.33.0 hectares in Old S.No.16/3, new S.No.65/3, a ii) extent of 0.48.0 Hectares, in Old.S.No.25/3C, New S.No.64/8, iii) extent of 0.48.50 hectares, in Old.S.NO.16/3, New S.No.64/9, iv) extent of 1.26.50 hectares, in Old.S.No.90, New S.No.96/3, and 3/4th right over a well in S.No.96/1 along with Motor Pump set connection and a total right over a Well in S.No.25C3, 16/3, New S.No.64/8, 64/9, vid Patta No's.101, and 854 situated at Akkarathathappalli, Sathyamangalam Taluk, Erode District by way of registered partition deed dated 04.05.2011 in Doc.No.2477/2011. In order to survey the property, the first petitioner made a Page No.3 of 7
representation dated 22.08.2022 before the respondents 3 & 4, however, till date, no order was passed. Hence, this writ petition.
4. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the respondents to dispose of the petitioner's representation dated 22.08.2022 and pass orders on merits within a particular time frame to be fixed by this Court.
5. The learned Additional Government Pleader appearing for the respondents has no objection for said order being passed.
6. Heard the learned counsel on either side and perused the materials placed on record.
7. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the respondents to consider the petitioner's representation dated 22.08.2022 and pass appropriate orders on Page No.4 of 7
merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
8. With the above observation and direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
09.11.2022 vm Index :
Yes/No Speaking Order :
Yes/No To:
1.The District Collector, Erode District.
2.The Revenue Divisional Officer, Gobichettipalayam, Erode District.
Page No.5 of 7
3.The Tahsildar, Sathyamangalam Taluk, Sathyamangalam, Erode District.
4.The Taluk Head Surveyor, Sathyamangalam Taluk, Sathyamangalam, Erode District.
M.DHANDAPANI,J.
vm Page No.6 of 7
09.11.2022 Page No.7 of 7