Madras High CourtWP(MD)/13060/2016disposed of

M.Murugesan v. The District Collector

2016-07-26Honourable Mr Justice M. Venugopal3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 26.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.13060 of 2016 M.Murugesan ..Petitioner Vs 1.The District Collector, Dindigul, Dindigul District.

2.The District Revenue Officer, Dindigul District, Dindigul.

3.The Assistant Director of Survey, Dindigul District.

4.The Tahsildar, Dindigul East Taluk, Dindigul District.

..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to consider the representation dated 18.7.2016 and consequently to survey the Petitioner's land by fixing the boundary situated in Silapadi Revenue Village, Dindigul District in S.No.366/1 measuring an extent of 1 Acre and 23 Cents and S.No.358/2A1, having an extent of 3 Acres and 16 Cents and in Chettinayackenpatti Revenue Village in S.No.587/2A1A1 having an extent of 19 cents and in S.No.676 having an extent of 1 acre and 40 cents.

For Petitioner :No appearance For Respondents :Mr.J.Gunaseelan Muthiah 1 to 4 Govt.Advocate

ORDER

Heard the Learned Government Advocate for the Respondents 1 to 4.

2. No counter is filed on behalf of the Respondents. 3.According to the Petitioner, he has an agricultural land at Silapadi Revenue Village, Dindigul District, bearing S.No.366/1 measuring an extent of 1 Acre and 23 Cents and S.No.358/2A1, measuring an extent of 3 Acres and 16 Cents, totally 4 acres and 33 cents of land. He is also in possession of the land at Chettinayackenpatti Revenue Village in S.No.587/2A1A1 measuring an extent of 19 cents and in S.No.676 measuring an

extent of 1 acre and 40 cents and totally, 1 acre and 59 cents. As a matter of fact, the entire lands are under his peaceful possession and enjoyment.

4.It comes to be known that the Petitioner submitted a representation, dated 15.05.2016 to the Respondents seeking to survey the lands and to fix the boundary and issue individual patta to him. In fact, the representation was received by the Respondents and after meeting the Respondents, he preferred a complaint in person on 11.06.2016 and requested him to survey the lands and fix the boundary and issue individual patta to him as afore-stated. But they had neglected his request. In reality, the Respondents had not taken any steps to survey the lands and fix the boundary and issue individual patta to him. He had also paid necessary fees before the concerned Revenue Authority/4th Respondent/The Tahsildar, Dindigul East Taluk, Dindigul District. 5.Inasmuch as the Petitioner's representation, dated 18.7.

2016 is pending before the Respondents No.3 and 4 till date, without any progress or disposal. At this stage, this Court, without traversing upon the merits and contents of the representation of the Petitioner, dated 15.05.2016, at this stage, simpliciter, directs the Respondents No.3 and 4 to look into the representation of the Petitioner, dated 15.5.2016 within a period of two weeks from the date of receipt of a copy of this order. Thereafter, the Respondents No.3 and 4 are to pass necessary orders in the subject-matter in issue (of course after providing necessary opportunity to the Petitioner and others concerned, if any, by adhering to the principles of natural justice in true letter and spirit) within a period of three weeks thereafter.

It is open to the Petitioner to produce copies of all necessary/relevant documents before the Respondent Nos. 3 and 4 and they in turn shall take into consideration of the same at the time of disposal of the representation of the Petitioner, dated 15.05.2016.The Petitioner is directed to lend his assistance and co-operation to the Respondents No.3 and 4 in disposing of his representation, dated 15.05.2016.

6.With the aforesaid observations and directions, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(AS) /TRUE COPY/ Sub Assistant Registrar

To 1.The District Collector, Dindigul, Dindigul District.

2.The District Revenue Officer, Dindigul District, Dindigul.

3.The Assistant Director of Survey, Dindigul District.

4.The Tahsildar, Dindigul East Taluk, Dindigul District.

+1cc to M/S.THE SPECIAL GOVERNMENT PLEADER, SR NO: 39418 vsn JA-SKS-RR-02.08.2016/3P:6C W.P(MD)No.13060 of 2016 26.07.2016