N.Gurusamy v. The District Collector Of Erode,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.11.2023
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN N.Gurusamy S/o.Nachi ... Petitioner versus 1.
The District Collector of Erode Collectorate, Erode.
2.
The Revenue Divisional Officer Erode.
3.
The Revenue Tahsildar Perundurai Taluk, Erode.
4.
The Land Revenue Inspector Chennimalai, Perundurai Taluk Erode District.
5.
Mrs.Arulmozhi, W/o.Palaniappan 6.
Mrs.Anandhi W/o.Thangamuthu 7.
N.Manian S/o.Nachi Pg.Nos.1/5
8.
N.Rasan S/o.Nachi
...Respondents
Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the 3rd respondent to consider the petitioner's representation dated 14.07.2023 and direct them to survey the land comprised in R.S.No.87/12 situated in Kandasamypalayam, Pasuvapatti Post - 638 051, Chennaimalai Via, Perundurai Taluk, Erode District wherein the petitioner is living for the last 3 decades, as per the guideline value in the petitioner's area and assign patta for the lands in the petitioner's possession and enjoyment.
For Petitioner :
Mr.T.Dhanasekaran For Respondents :
Mr.P.Gurunathan Additional Government Pleader
O R D E R
Mr.P.Gurunathan, learned Additional Government Pleader accepts notice for respondents 1 to 4 (official respondents). Since this writ petition is being disposed of without passing any adverse orders against the respondents 5 to 8 affecting their interest, notice to the those respondents is dispensed with.
2. This writ petition has been filed seeking for a mandamus to direct Pg.Nos.2/5
the 3rd respondent to consider his representation dated 14.07.2023, wherein and whereby, he sought for survey of the land comprised in R.S.No.87/12 situated in Kandasamypalayam, Pasuvapatti Post - 638 051, Chennaimalai Via, Perundurai Taluk, Erode District and to issue patta.
3. The main grievance of the writ petitioner is that even though the petitioner made the representation on 14.07.2023, the same has not been considered by the official respondents so far.
4. Learned counsel for the writ petitioner submits that it would suffice if a direction is given to the official respondents to consider the representation dated 14.07.2023.
5. Learned Additional Government Pleader for official respondents submits that the representation of the writ petitioner dated 14.07.2023 will be considered as expeditiously as possible.
6. Therefore, without expressing any view on the merits of the matter, Pg.Nos.3/5
this Writ Petition is disposed of with a direction to the respondents 1 to 4 (official respondents) to consider the representation dated 14.07.2023, after giving due opportunity of hearing to writ petitioner and respondents 5 to 8 as well as rival claimants / interested parties, if any and pass orders on merits and in accordance with law, after conducting thorough enquiry. Such exercise shall be done by the respondents 1 to 4 within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs.
03.11.2023 Speaking/Non-speaking order Index:Yes/No mk To 1.
The District Collector of Erode Collectorate, Erode.
2.
The Revenue Divisional Officer Erode.
3.
The Revenue Tahsildar Perundurai Taluk, Erode.
4.
The Land Revenue Inspector Chennimalai, Perundurai Taluk Erode District.
P.VELMURUGAN, J.
Pg.Nos.4/5
mk 03.11.2023 Pg.Nos.5/5