S.Ravichandran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.4349 of 2016 S.Ravichandran ... Petitioner Vs.

1.The District Collector, Tiruvannamalai District, Tiruvannamalai.

2.The Revenue Divisional Officer, Tiruvannamalai.

3.The Tahsildar, Tiruvannamalai Taluk, Tiruvannamalai.

...Respondents

PRAYER : Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the third respondent to take necessary action on the petitioner's representation dated 28.02.2011. For Petitioner :

Mr.B.Jawahar For Respondents :

Mr.S.Navaneethan, Addl.Govt.Pleader.

O R D E R

This Writ Petition has been filed, praying for issuance of a writ of mandamus, to direct the third respondent to take necessary action on the petitioner's representation, dated 28.02.2011.

2. The petitioner would aver in his affidavit that his grandfather Krishnan purchased 20 cents of land in Survey No.191/2 situated at Kamaraj Nagar, Vengikkal Village, Tiruvannamalai Taluk and District, vide document No.656/1954 on the file the Sub-Registrar, Tiruvannamalai, on 03.03.1994, and, after purchase, he was in possession and enjoyment of the said property. Since the petitioner was taking care of his aged grandfather and due to love and affection, he executed a settlement deed in favour of the petitioner in respect of the

above said land. The settlement deed was registered on the file of the Joint Sub-Registrar-II, Tiruvannamalai, vide document No.1915/2013. From the date of settlement, the petitioner is in possession and enjoyment of the said property. After the settlement, the petitioner intends to subdivide the land in the revenue records, to mutate the revenue records in his name and also to identify the exact boundaries of the said land. In this regard, the petitioner submitted a representation, dated 28.02.2011, to the third respondent, requesting him to measure, subdivide and issue patta in favour of the petitioner. Along with the representation, he has also enclosed the fee payment chalan.

3. The case of the petitioner is that though he submitted the representation long ago on 28.02.2011, to the third respondent, in spite of several reminders, no action is taken by the third respondent till date. Hence, he has come forward with this Writ Petition.

4. I have heard the learned counsel for the parties.

5. Today, when the matter is taken up for admission, the learned Additional Government Pleader has submitted that though a representation was submitted by the petitioner, he has not taken any steps to file the documents in support of the same and hence, the said representation has not been acted upon by the respondent.

6. Having heard the learned counsel for the parties, this Court, without going into the merits of the case, directs the petitioner to submit a fresh representation along with a copy of this order to the third respondent, enclosing all necessary documents, within a period of one week from the date of receipt of a copy of this order, and, on receipt of such representation, the third respondent is directed to consider the same and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner and also the necessary parties, if any, within a period of eight weeks thereafter.

7. Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar

To 1.The District Collector, Tiruvannamalai District, Tiruvannamalai.

2.The Revenue Divisional Officer, Tiruvannamalai.

3.The Tahsildar, Tiruvannamalai Taluk, Tiruvannamalai.

1cc to Mr.B.Jawaher, Advocate Sr.7998 W.P.No.4349 of 2016 vd(CO) srg(19/02/2016)