Palanichamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.16512 of 2019 Palanichamy ... Petitioner -Vs1. The District Collector, Collectorate Building, Trichy District.

2. The District Revenue Officer, Office of the District Revenue Officer, Trichy District.

3. The Revenue Divisional Officer, Musiri, Trichy District.

... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents No.2 to consider and pass orders on the petitioner's representation dated 07.12.2018 seeking to rectify the error and to modify the extent based on the sale deed and gift deed and the pathway has to be rectified as situated at Survey NO.423/30 and necessary correction has to be made in the Survey No.423/29 in village sketch and the patta has to be issued to the petitioner on the basis of the parental documents within a stipulated time as fixed by this Court. For Petitioner : Mr.N.Anandakumar For Respondents : Mr.M.Rajarajan, G.A.

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the respondents No.2 to consider and pass orders on the petitioner's representation dated 07.12.2018 seeking to rectify the error and to modify the extent based on the sale deed and gift deed and the pathway has to be rectified as situated at Survey No.423/30 and necessary correction has to be made in the Survey No.423/29 in village sketch and the patta has to be issued to the petitioner on the basis of the parental documents within a stipulated time as fixed by this Court.

2.Heard Mr.N.Anandakumar, learned counsel appearing for the petitioner and Mr.M.Rajarajan, learned Government Advocate appearing for the respondents.

3.The petitioner has given a representation on 07.12.2018 to the 2nd respondent, with regard to the land in S.No.423/26 at Koppampatti village, Thuraiyur Taluk, Trichy District, for rectifying the correct extent of the land as per UDR survey. Hence, the learned counsel appearing for the petitioner would submit that, if the said representation dated 07.12.2018 pending before the 2nd respondent is directed to be decided on merits and in accordance with law, within a time frame to be stipulated by this Court, the petitioner would be satisfied.

4.I have heard the learned Government Advocate appearing for the respondents, who would submit that, the said representation of the petitioner dated 07.12.2018 pending before the 2nd respondent, if not decided already, would be decided on merits and orders would be passed thereon, within a time frame to be stipulated by this Court. 5.Considering the limited scope of the prayer sought for in this writ petition, with the consent of both the parties, this Court is inclined to dispose of this writ petition, at the admission stage itself, with the following direction:

"The 2nd respondent is hereby directed to consider the representation of the petitioner dated 07.12.2018 and pass orders thereon, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order."

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

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) To 1.The District Collector, Collectorate Building, Trichy District.

2.The District Revenue Officer, Office of the District Revenue Officer, Trichy District.

3.The Revenue Divisional Officer, Musiri, Trichy District.

+1 CC to SPL GP ( SR-77985[F] dated 26/07/2019 ) +1 CC to Mr.N.ANANDAKUMAR, Advocate ( SR-78060[F] dated 26/07/2019 ) Order made in W.P.(MD)No.16512 of 2019 Dated:25.07.2019 arul MK (06.09.2019) 3P 6C