Pethammal.R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.22883 of 2022 R.Pethammal ... Petitioner Vs 1.The District Collector Madurai District.

2. The Tahsildhar Maduri East Taluk Madurai 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 second respondent to consider and dispose of the Petitioner's represenation dated 29.08.2022 within the time stipulated by this Court. For Petitioner : Mr.G.Dharmaraj For Respondents: Mr.N.Ramesh Arumugam Government Advocate

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, directing the second respondent to consider and dispose of the Petitioner's representation dated 29.08.2022 within the time stipulated by this Court. 1/4

2.Heard Mr.G.Dharmaraj, learned counsel appearing for the petitioner and Mr.N.Ramesh Arumugam, learned Government Advocate who takes notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.The learned counsel for the petitioner submits that petitioner's father Muthukaruppan has agricultural lands in Karseri Village, Madurai East Taluk, Madurai District and had executed a gift deed in favour of the petitioner and his brother on 15.03.2022 in deed No.1204/2022 in the office of the Sub Registrar, Tallakulam. Whileso, the petitioner has submitted an application dated 02.06.2022 to the second respondent to survey his land in S.No. 63/3E measuring an extent of 0.29.03ares and has also paid the requisite fees.

For more than two months there is no progress and hence sent a representation on 29.08.2022 to the second respondent for measuring his land. Since there was no response the present petition has been filed. 4.The learned Government Advocate appearing for the respondents submits that the petitioner's representation would be considered upon production of relevant documents by him and appropriate orders would be passed, within a time frame specified by this Court.

5.Considering the above said facts and circumstances of the case, this Court without going into the merits of the case, directs the second respondent to consider the representation of the petitioner dated 29.08.2022 and pass appropriate order on merits and in accordance with law after affording an opportunity of hearing to all the parties concerned within a period of twelve weeks from the date of receipt of a copy of this order. While carrying out the above said exercise, if needed necessary police protection to be provided to the second respondent.

6.This Writ Petition stands disposed of with the above directions. No costs.

29.09.2022 Index : Yes/No Internet:Yes/No aav To 1.The District Collector Madurai District.

2. The Tahsildhar Maduri East Taluk Madurai District 3/4

V.BHAVANI SUBBAROYAN, J.

aav W.P(MD)No.22883 of 2022 29.09.2022 4/4