Madras High CourtWP(MD)/22753/2017disposed of

C.Packiyam, W/O.Chellapan v. The District Collector

2017-12-12Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.22753 of 2017 C.Packiyam ... Petitioner vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Vedasandur Taluk, Dindigul District.

3.The Village Administrative Officer, Gujiliyamparai, Vedasandur Taluk, Dindigul District.

... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the respondents 1 to 3 to forthwith remove the Sub Division of S.No.1454/2 into 1454/2D in Palayam Village, Vedasandur Taluk, Gujiliyamparai Revenue Sub Division, Palani Revenue Division, Dindigul District and further direct the respondents to rectify the entry in village register and restore the entries in favour of the petitioner regarding S.No.1454/2 on the basis of the petitioner's representation dated 12.09.2017. For Petitioner : Mr.V.S.Kishok Kumar For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader

O R D E R

This writ petition has been filed, seeking a direction to the respondents to remove the sub division made in S.No.1454/2 at Palayam Village, Vedasandur Taluk, Gujiliyamparai Revenue Sub Division, Palani Revenue Division, Dindigul District and further direct the respondents to rectify the entry in the village register and restore the entries in favour of the petitioner regarding S.No.1454/2 on the basis of the petitioner's representation dated 12.09.2017.

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2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. By consent, the writ petition itself is taken up for final disposal at the stage of admission.

3.The case of the petitioner is that she is the owner of the property situated in S.No.1454/2 at Palayam Village, Vedasandur Taluk, Gujiliyamparai Revenue Sub Division, Palani Revenue Division, Dindigul District. The second respondent, all of a sudden, vide the proceedings dated 23.10.2015, has effected a sub division viz., S.No.1454/2D in the said survey number, mentioning the same as a car track. Hence, the petitioner has given a detailed representation dated 12.09.2017 to cancel the subdivision effected in her property. Since no action has been taken till date on the representation of the petitioner, the petitioner is before this Court with the above stated prayer. 4.

The learned Additional Government Pleader appearing for the respondents submitted that if reasonable time is granted to the respondents, the representation of the petitioner will be considered and appropriate orders will be passed. 5.In view of the said submission, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner dated 12.09.2017 and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner as well as any of the interested parties.

6.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(C.O.) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Dindigul District, Dindigul. 2.The Tahsildar, Vedasandur Taluk, Dindigul District. 3.The Village Administrative Officer, Gujiliyamparai, Vedasandur Taluk, Dindigul District.

+1CC to Mr.V.S.Kishok Kumar, Advocate, SR.No. 92513 +1CC to the Special Government Pleader SR.No.92715 W.P(MD) No.22753 of 2017 12.12.2017 mi AM/SV MMS/SAR 4/20.12.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/