S.Kamalam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.12.2018

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.32716 of 2018 S.Kamalam .. Petitioner Vs.

1. The District Collector, Dharmapuri District, Dharmapuri - 5.

2. The Tahsildar, Nallampalli Taluk, Nallampalli, 3.The Assistant Director of Survey and Land Records, Dharmapuri.

.. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent herein to consider the representation 15.02.2016 by the petitioner with regard to rectifying the defect by adding 0.27 cents along with 1.06 acres (total 1.33 acres) and also by deleting the subdivisions and issue correct patta in her name for the entire extent of 1.33 Acres in S.No.645 in Nathahalli Village, Nallampalli Taluk, For Petitioner : Mr.M.GeethaThamaraiSelvan For Respondents : Mr.E.Balamurugan special Government Pleader

O R D E R

By consent of both parties, the Writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner has come up with this writ petition

seeking a direction to the first respondent to consider her representation dated 15.02.2016 with regard to rectification of the defect by adding 0.27 cents along with 1.06 acres (total 1.33 acres) and also by deleting the sub divisions and issue correct patta in her name for the entire extent of 1.33 Acres in S.No.645 situated at Nathahalli Village, Nallampalli Taluk,

3. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 15.02.2016 to the first respondent seeking to rectify certain defects in the village records and issue correct patta in her name for the entire extent of 1.33 acres in S.No.645 and the said representation has been forwarded to the third respondent for appropriate action, but, the same is yet to be disposed of by the third respondent. Hence, the petitioner is before this Court.

4. Heard Mr.E.Balamurugan, learned Special Government Pleader on behalf of the respondents 1 to 3, who submitted that the said representation will be considered.

5. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the petitioner to furnish a copy of the representation dated 15.02.2016 to the second respondent herein within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the second respondent is directed to consider the petitioner's representation dated 15.02.2016 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of four weeks thereafter.

6. With the above directions, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To

1. The District Collector, Dharmapuri District, Dharmapuri - 5.

2. The Tahsildar, Nallampalli Taluk, Nallampalli, 3.The Assistant Director of Survey and Land Records, Dharmapuri.

+1cc to Mr.R.Thamarai Selvan, Advocate, S.R.No.85341 +1cc to the Government Pleader, S.R.No.86252 W.P.No.32716 of 2018 SSI(CO) GSP(03/01/2019)