Madras High CourtWP/33196/2023disposed of

R.Ramasamy v. The District Collector

2024-02-01Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN R.Ramasamy ... Petitioner Vs.

1. The District Collector, Kallakurichi.

2. The Revenue Divisional Officer, Kallakurichi.

3. The Tashildar, Taluk Office, Chinnasalem.

...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to consider the petitioner's applications dated 25.06.2018, 20.10.2019, 07.02.2020, 11.03.2022 and 25.09.2023 and consequently to rectify the mistake with respect to petitioner's properties in S.No.155/1A1 and S.No.155/1A2 in Kural village, Chinnasalem Taluk, Kallakurichi Disrict and keep the same as earlier to UDR Scheme, individually in petitioner's father's name. For Petitioner : Mr.S.N.Subramani

For Respondents : Mr.R.Vigneshwaran Government Advocate

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's applications dated 25.06.2018, 20.10.2019, 07.02.2020, 11.03.2022 and 25.09.2023 and consequently to rectify the mistake with respect to petitioner's properties in S.No.155/1A1 and S.No.155/1A2 in Kural village, Chinnasalem Taluk, Kallakurichi Disrict.

2. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials available on record.

3. Learned counsel for the petitioner submitted that the petitioner made several representations to the respondents seeking rectification of mistakes with respect to the properties in S.No.155/1A1 and S.No.155/1A2. Since there is no response from the respondents till date, the petitioner is constrained to file the present writ petition.

4. It is submitted by the learned Government Advocate appearing

for the respondents that pending writ petition, the officials inspected the properties along with surveyor and measured the same. They expressed their consent to pass orders based on the said survey.

5. 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 respondents to consider the petitioner's representations dated 25.06.2018, 20.10.2019, 07.02.2020, 11.03.2022 and 25.09.2023 and conduct enquiry and in the manner known to law after issuing notice to the petitioner, adjacent land owners of four boundaries of the subject property and interested parties/rival claimants/objectors if any, and pass orders on merit and in accordance with law. The said exercise shall be completed within a period of two months from the date of receipt of a copy of this order.

6. With the abovesaid direction, the Writ Petition is disposed of.

There shall be no order as to costs.

01.02.2024 mfa Index:Yes/No Speaking Order: Yes/No To

1. The District Collector, Kallakurichi.

2. The Revenue Divisional Officer, Kallakurichi.

3. The Tashildar, Taluk Office, Chinnasalem.

P.VELMURUGAN, J.

mfa 01.02.2024