Jothivelan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2020

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Jothivelan .. Petitioner Vs.

1.The District Collector, 2.The District Revenue Officer, 3.The Assistant Director, Department of Survey and Settlement, Trichy - 1.

4.The Revenue Divisional Officer, 5.The Tahsildar, Trichy West, 6.The Inspector of Police, Woraiyur Police Station, 7.Selvaraj .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the fifth respondent to measure the petitioner's property in T.S.No.4/2, New Ward B, Block 9, measuring about 1800 sq. ft. at once on the basis of the petitioner's representation dated 19.11.2014. For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.A.Muthukaruppan AGP for R1 to R6 : No Appearance for R7

ORDER

This Writ Petition is filed for issuing a Writ of Mandamus directing the fifth respondent to measure the petitioner's property in T.S.No.4/2, New Ward B, Block 9, on the basis of the petitioner's representation dated 19.11.2014. 1/3

2.The petitioner claimed to be the owner of an extent of 1800 sq. ft. of land in New T.S.No.4, New Ward B, Bloc - 9, in Indira Nagar, Thiruthanthondi, Thamalavarubayam Village, Woraiyur, Trichy. The petitioner referring to two civil suits in O.S.No.31 of 1988 and O.S.No.1330 of 1996 submitted that the Civil Court has recognised the title of property as against the persons who had claimed title adverse to the petitioner. The petitioner submitted a representation on 13.10.2014 and on 17.11.2014 to measure the property. Since the fifth respondent has not considered the representation of the petitioner, the petitioner is before this Court.

3.Though the petitioner states that he submitted several representations, some of the representations addressed to the respondents are not proved to have been served on the respondents. Though the petitioner produced before this Court a communication addressed to the District Collector, it may not be proper for this Court to direct the fifth respondent. The petitioner is permitted to submit a representation before the fifth respondent within a period of two weeks from today and on such representation being made, the fifth respondent is directed to consider the representation and pass appropriate orders on merits and in accordance with law within a period of eight weeks thereafter. This Court has not expressed any opinion on the merits of petitioner's claim.

4.This Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) SRM To 1.The District Collector, 2.The District Revenue Officer, 3.The Assistant Director, Department of Survey and Settlement, Trichy - 1.

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4.The Revenue Divisional Officer, 5.The Tahsildar, Trichy West, 6.The Inspector of Police, Woraiyur Police Station, +1 CC to MR.P.GANAPATHI SUBRAMANIAN, Advocate ( SR-1548[F] dated 10/01/2020 ) ORDER MADE IN 10.01.2020 KM/(30.01.2020) 3P 8C 3/3