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Madras High CourtWP/29976/2022disposed of

R.Sivakami v. The District Collector

2022-11-11Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2022

CORAM

THE HONOURABLE Mr. JUSTICE M.DHANDAPANI P. Sivakami ...

Petitioner Vs

1. The District Collector, Tiruppur, Tiruppur District.

2. The Revenue Divisional Officer, Tiruppur, Tiruppur District.

3. The Tahsildar, Avinashi, Tiruppur District

4. The Surveyor, Avinashi, Tiruppur District. ... Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the third and fourth respondent to survey the petitioner property comprised in S.No. 484/1, 467/1467/2 468/3 B situated at Thandukarampalayam, Avinashi Taluk, Tirupur District by considering the petitioner application dated 3.2.2021 followed by a representation dated 30.06.2022 and pass orders. For Petitioner : Mr. K.Myilsamy For Respondents : Mr. U. Baranidharan

Additional Government pleader.

ORDER

By consent of both the parties this writ petition is taken up for disposal at the admission stage itself.

2. This writ petition is filed seeking a direction to the respondents to consider the petitioner's representations dated 30.06.2022.

3. The case of the petitioner is that the petitioner inherited the subject property from his father and the same was not subdivided and a joint patta was issued in the name of the petitioner and the co-owners. Hence, the petitioner made a representation to the third and fourth respondents on 03.02.2021 and 30.06.2022 to demarcate the subject property. Till date, the said representations was not considered hence, the present writ petition has been filed before this Court seeking an appropriate relief.

4. The learned counsel for the petitioner submitted that this Court may issue a suitable direction to the third respondent to consider the

petitioner's representation dated 30.06.2022 and pass appropriate orders within the time stipulated by this Court.

5.The learned Government Advocate appearing on behalf of the respondents submitted that the petitioner's representations will be considered and suitable orders will be passed on merits within the stipulated period as fixed by this Court.

6.Heard, both sides and perused the materials available on record. 7.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 third respondent to consider the petitioner's representation dated 30.06.2022 and take necessary steps to survey the property and fix the boundaries, after affording opportunity to the petitioner as well as the counter parties, if any, on 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 aforesaid direction, this Writ Petition stands disposed of. No costs.

11.11.2022 smn Index:Yes/No Internet:Yes/No Speaking/Non speaking

M.DHANDAPANI, J.

smn To

1. The District Collector, Tiruppur, Tiruppur District.

2. The Revenue Divisional Officer, Tiruppur, Tiruppur District.

3. The Tahsildar, Avinashi, Tiruppur District

4. The Surveyor, Avinashi, Tiruppur District. 11.11.2022