Madras High CourtWP/31480/2023disposed of

K.K.Arjunan v. The District Collector

2023-11-02Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN and W.M.P. Nos.31105 and 31107 of 2023 K.K.Arjunan ... Petitioner Vs.

1. The District Collector Collectorate Salem & District - 636 001

2. The District Revenue Officer Salem District - 636 001

3. The Revenue Divisional Officer Omalur Taluk Chengalpattu District- 636 455

4. The Sub-Registrar Omalur Taluk Salem- 636 455

5. Govindharaj ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue writ of Mandamus to direct the 3rd respondent to consider the representation made by the petitioner dated 05.02.2021 and to conduct an enquiry for mutating the land record in favour of the petitioner including the Patta No.316.

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For Petitioner : Mr.P.Vijendran For Respondents : Mr.V.Veluchamy Additional Government Pleader for R1 to R4

ORDER

This Writ Petition is filed for a writ of Mandamus to direct the 3rd respondent to consider the representation made by the petitioner dated 08.02.2021 and to conduct an enquiry for mutating the land record in favour of the petitioner including the Patta No.316.

2. The contention of the petitioner is that though he made a representation on 08.02.2021, so far the respondents have not taken any steps to consider his representation. Therefore, he has come up with this writ petition.

3.Mr.V.Veluchamy, learned Additional Government Pleader who accepts notice for the respondents submitted that the 3rd respondent may be directed to consider the petitioner's representation dated 08.02.2021 and pass orders on merits in accordance with law.

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4. It is seen that the petitioner has made representation on 08.02.2021 and the respondents so far have not taken any steps on the petitioner's representation. Not taking steps on a representation for more than three years is too long. This is how the Government Departments are functioning and they are not even giving response to the public who are approaching them.

5. Since the prayer sought for in this petition is a limited prayer, notice to the 5th respondent is dispensed with.

6. Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the 3rd respondent to consider the representation of the petitioner dated 08.02.2021 and conduct enquiry and pass orders on merits and in accordance with law, after issuing notice and giving opportunity of hearing the petitioner as well as the 5th respondent herein and also the interested parties/rival claimants if any. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order since the representation made by the petitioner is pending for more than 3/6

3 years.

7. With the above directions, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. There shall be no order as to costs.

02.11.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No 4/6

1. The District Collector Collectorate Salem & District - 636 001

2. The District Revenue Officer Salem District - 636 001

3. The Revenue Divisional Officer Omalur Taluk Chengalpattu District- 636 455

4. The Sub-Registrar Omalur Taluk Salem- 636 455 5/6

P.VELMURUGAN. J.

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