Madras High CourtWP(MD)/16541/2015disposed of

Mani v. The District Collector,

2015-09-11Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :11.09.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.16541 of 2015 Mani ... Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Nilakkottai, Dindigul District. ... Respondents This Writ Petition has been filed under Article 226 of Constitution of India praying for a Writ of Mandamus, directing the second respondent to consider the petitioner's representation, dated 15.05.2015 and take appropriate action on the basis of the same within a time stipulated as prescribed by this Hon'ble Court. For petitioner : Mr.M.Pitchai Muthu For Respondents : Mr.S.Kumar Additional Government Pleader

ORDER

The Writ Petition has been filed praying for a Writ of Mandamus, directing the second respondent to consider the petitioner's representation, dated 15.05.2015 and take appropriate action on the basis of the same.

2. Heard the learned counsel appearing for the petitioner. Mr.S.Kumar, learned Additional Government Pleader takes notice for the respondent.

3. By consent, this Writ Petition itself is taken up final disposal.

4.In the affidavit filed in support of the Writ Petition, it has been averred that the property in Old Survey No.24/1 (New Survey No.430/17) situated in Malayalagoundanpatti Village, Nilakkottai Taluk, Dindigul District, originally belongs to one Kamatchi and others. In the year, 1990, the said Kamatchi and others sold the https://hcservices.ecourts.gov.in/hcservices/

property to the petitioner's father and mother. From the date of purchase, the petitioner's father and mother is in enjoyment of the said property and they have got patta in their name and they have paid the taxes in respect of the said property. After the demise of his father, joint manavari patta has been issued in his name along with his brothers by names Balu, Murugan, Elangovan and Senthamarai in patta No.1502. As on date, they have paid the Revenue Tax and the property also in their joint possession. The property was vacant house site at the time of purchase. Though in the sale deed it has been mentioned as if the boundaries has been fixed, but physically boundary has not been marked. So the petitioner and others decide to measure and survey the land and marked the boundaries, with the help of Government Surveyor.

Hence, in this regard, the petitioner has made a representation on 15.05.2015 and again on 10.06.2015 to the second respondent to measure the land. But the said representation was not considered by the respondents, so far. Hence, the petitioner has come forward with this Writ petition for the above stated relief.

5. Considering the facts and circumstances of the case, without going into the merits of the claim of the petitioner, this Court directs the respondents to consider the petitioner's representation, dated 15.05.2015 by affording an opportunity to all the parties and pass appropriate orders, on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion with regard to claim of the petitioner.

6. With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(AS) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Nilakkottai, Dindigul District.

+One cc to Mr.M.Pitchaimuthu, Advocate, SR.No.53836 +One cc to The Special Government Pleader, SR.No.54006 am RL/5 c- 30/9/2015 W.P(MD).No.16541 of 2015 https://hcservices.ecourts.gov.in/hcservices/