S.Kailash v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2024
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR 1.S.Kailash 2.Amsaveni 3.G.Sathiyan 4.Ramasamy 5.Vasumathi 6.Priya Dharshini 7.Saravanan 8.Sarojini 9.Viswanathan ... Petitioners vs.
1.The District Collector, Salem District, Salem-1.
2.The District Revenue officer, Suramangalam, Salem -5.
3.The Tahsildar, Office of Tahsildar, Manakadu, Salem - 7.
4. The Town Surveyor, Hasthampatti, Salem -7.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to 1/7
consider the representations dated 27.08.2024 and 09.10.2024 issued by the petitioner herein to resurvey their property comprised at Ward-A (Now Ward-H), Block 10, Hasthampatti Village, Salem as per their possession and patta as assigned by the 3rd respondent as per their proceedings dated 01.11.2007 and rectify the mistake in their respective official records of the respondent within a reasonable time as fixed by this Court. For Petitioner : Ms.D.Jeevitha For Respondents : Mr.P.Sathish for R1 to R4 Additional Government Pleader
O R D E R
The petitioner herein seeks a direction to the respondents herein to consider the representations dated 27.08.2024 and 09.10.2024 submitted by the petitioner herein to resurvey their property comprised at Ward-A (Now Ward-H), Block 10, Hasthampatti Village, Salem as per their possession and patta assigned by the 3rd respondent in his proceedings dated 01.11.2007 and rectify the mistake in the respective official records of the respondent within a reasonable time as fixed by this Court.
2. It is the case of the petitioners that they were issued with free house site patta. Though the properties were assigned in favour of the 2/7
beneficiaries, including the petitioners based on their possession, there is discrepancy with regard to the extent in possession of the petitioners and the extent mentioned in the patta issued to them. Therefore, the petitioners submitted a representation before the respondent on 09.10.2024 requesting them to re-survey the property in their possession and make necessary corrections in the patta issued to them, but the same has not been considered by the respondents till date. Hence, the petitioners are before this Court.
3. Learned Additional Government Pleader, who is taking notice for the respondents would submit that the representation of the petitioner dated 09.10.2024 will be considered by the respondents on its own merits and in accordance with law, within the time fixed by this Court.
4. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the respondents to consider the representation of the petitioner dated 09.10.2024 and pass final orders on its own merits and in accordance with law, within a period of eight(8) weeks from the date of receipt of copy of this order. 3/7
5. With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 29.10.2024 (1/2) Index : Yes/No Speaking order:Yes/No msv To 1.The District Collector, Salem District, Salem-1.
2.The District Revenue officer, Suramangalam, Salem -5.
3.The Tahsildar, Office of Tahsildar, Manakadu, Salem - 7.
4. The Town Surveyor, Hasthampatti, Salem -7.
4/7
S.SOUNTHAR, J.
msv 29.10.2024 5/7
W.P.No.31372 of 2024 and W.M.P.No.34049 of 2024 S.SOUNTHAR, J.
Today, the matter is listed under the caption "For being spoken to".
2. It is brought to the notice of this Court that miscellaneous petition filed by the petitioner seeking permission to file single writ petition in W.M.P.No.34049 of 2024 has been wrongly closed at the time of disposal of the writ petition.
3. The learned counsel for the petitioner submits that he paid separate court fee for all the petitioners at the time of filing itself.
4. In view of the same, the W.M.P.No.34049 of 2024 is ordered and registry is directed to issue separate order for W.M.P.No.34049 of 2024 .
5. In view of the same, the words "Consequently, connected miscellaneous petition is closed" have to be deleted from line 2 in Paragraph No.5 of the order.
6. Registry is directed to issue fresh order copy by incorporating the above said changes.
nr 03.12.2024 6/7
S.SOUNTHAR , J.
nr W.P.No.31372 of 2024 and W.M.P.No.34049 of 2024 03.12.2024 7/7