Madras High CourtWP(MD)/12124/2020disposed of

S.Surendrakumar v. The District Collector

2020-09-21Honourable Mr Justice D. Krishnakumar2 pages

W.P.(MD)No.11243 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :21.09.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.12124 of 2020 S.Surendrakumar ... Petitioner Vs.

1.The District Collector, Sivagangai District.

2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Tahsildar, Devakottai Taluk, Sivagangai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to survey the land in S.No.395/5C5 in Perunjaiyur Village, Kurunthanam Kottai Group, Devakottai Taluk, Sivagangai District and issue patta in favour of the petitioner by considering the petitioner representation dated 25.09.2019.

For Petitioner : Mr.V.Panneer Selvam For Respondents : Mr.C.Ramesh, Special Government Pleader

ORDER

This writ petition is filed to direct the respondents to survey the land in Survey S.No.395/5C5 situated at Perunjaiyur Village, Kurunthanam Kottai Group, Devakottai Taluk, Sivagangai District and issue patta in favour of the petitioner, by considering the petitioner's representation dated 25.09.2019.

2. Mr.C.Ramesh, learned Special Government Pleader takes notice for the respondents. By consent, this Writ Petition is taken up for final disposal at the stage of admission itself. 3.The learned counsel appearing for the petitioner would submit that it is suffice, if a direction is issued to the second respondent to consider the petitioner's representation dated 25.09.2019.

4.The learned Special Government Pleader appearing for the respondents would submit that the petitioner's representation dated 25.09.2019 would be considered on merits and in accordance with law, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.11243 of 2020 within a time frame to be fixed by this Court. 5.In agreement with the submission made by the learned Special Government Pleader, without expressing any opinion on the merits of the case, this Court is inclined to pass the following direction:- (i) The second respondent is directed to consider the petitioner's representation dated 25.09.2019 and pass appropriate orders on merits and in accordance with law, after affording due opportunity of hearing to the petitioner and the rival parties, if any. If there is any objection from the rival parties, the second respondent shall conduct the enquiry and communicate the decision to the parties concerned.

(ii) The aforesaid exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. 6.This Writ Petition is disposed of, with the above directions. No costs.

Sd/- Assistant Registrar (As) // True Copy // / /2020 Sub Assistant Registrar(CS) das Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, Sivagangai District.

2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Tahsildar, Devakottai Taluk, Sivagangai District.

+1 CC to M/s.SPL GP( SR-17876[F] dated 23/09/2020 ) W.P.(MD) No.12124 of 2020 21.09.2020 SRK(CO) KB(01.10.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2