Madras High CourtWP/34326/2023disposed of

D.Elaiyaperumal v. The District Collector

2023-12-13Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN D.Elaiyaperumal ... Petitioner versus 1.The District Collector, Krishnagiri District - 635 001.

2.The District Revenue Officer, Uthangarai (Patta Pass Book), Krishnagiri District - 635 001.

3.The Revenue Divisional Officer, Keezhmathur Village, Singarapettai, Uthangarai Taluk, Krishnagiri District - 635 001.

4.The Thasildar, Uthangarai Taluk, Krishnagiri District - 635 207.

.....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus directing the third respondent herein to consider the representation of the petitioner dated 11.07.2023 and to conduct enquiry in respect to Survey Numbers 248/2, 249/2 and 250/1. Pg.Nos.1/5

For Petitioner :

Mr.R.Sathishkumar For Respondents :

Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

Mr.Yogesh Kannadasan, learned Special Government Pleader accepts notice for the respondents. With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage, itself.

2. The petitioner herein has given a representation to the third respondent on 11.07.2023, seeking to conduct an enquiry in respect of Survey Numbers 248/2, 249/2 and 250/1. Since there was no response from the third respondent, the present Writ Petition has been filed by the petitioner.

3. Today, the learned counsel for the petitioner submitted that it would suffice, if a direction is issued to the third respondent to consider the representation of the petitioner dated 11.07.2023, within a stipulated time as fixed by this Court.

Pg.Nos.2/5

4. Learned Special Government Pleader appearing for respondents submitted that the third respondent may be directed to consider the petitioner's representation and pass orders on merits in accordance with law.

5. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, the third respondent is directed to consider the representation of the petitioner dated 11.07.2023, and pass appropriate orders, on merits and in accordance with law, after giving notice to the interested parties/rival claimants/adjacent owners, and after conducting enquiry, within a period of two months from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of. However, there shall be no order as to costs. 13.12.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms Pg.Nos.3/5

To 1.The District Collector, Krishnagiri District - 635 001.

2.The District Revenue Officer, Uthangarai (Patta Pass Book), Krishnagiri District - 635 001.

3.The Revenue Divisional Officer, Keezhmathur Village, Singarapettai, Uthangarai Taluk, Krishnagiri District - 635 001.

4.The Thasildar, Uthangarai Taluk, Krishnagiri District - 635 207.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 13.12.2023 Pg.Nos.5/5