Haja Mohaideen .M v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 13.10.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.23633 of 2022 M.Haja Mohideen ..Petitioner Vs 1.The District Collector, Office of the District Collector, Tenkasi District, Tenkasi.
2.The Tahsildar, Kadayanallur Taluk, Kadayanallur Taluk, Tenkasi District.
3.The Commissioner, Kadayanallur Municipality, Kadayanallur, Tenkasi District.
..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing third respondent to survey the lands in S.No.1538/1Bm an extent of 1 acre 34 cents in Kadayanallur Taluk, Tenkasi District based on the Petitioner's title deeds of Registered Gift Settlement Deed Document No.2669/2002, dated 30.10.2022 and registered Gift Settlement Deed Document No. 3166/2002, dated 19.12.2002 with the assistance of the second respondent by considering the Petitioner's representation, dated 6.9.2022, within the time stipulated by this Court.
For Petitioner :Mr.A.Haja Mohideen For Respondents:Mr.D.Gandhiraj 1 and 2 Spl.Government Pleader
ORDER
The Petitioner has prayed for issuance of a Writ of Mandamus directing the third respondent to survey the lands in S.No.1538/1Bm an extent of 1 acre 34 cents in Kadayanallur Taluk, Tenkasi District based on the Petitioner's title deeds of Registered Gift Settlement Deed Document No.2669/2002, dated 30.10.2022 and registered Gift Settlement Deed Document No.3166/2002, dated 19.12.2002 with the assistance of the second respondent by considering the Petitioner's representation, dated 6.9.2022, within the time stipulated by this Court. 2.Mr.D.Gandhiraj, learned Special Government Pleader takes notice for the respondents 1 and 2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.
The case of the Petitioner is that he is doing agricultural works and that he got the petition mentioned properties from his father through Settlement Deed on various dates.The Petitioner has also got patta in Patta No.1820 for the subject property and his name was also registered in the Town Survey Register.
quarrels. So the Petitioner has decided to survey the lands as above mentioned, for which, he approached the third respondent and paid Rs. 200/- on 10.2.2020 and Rs.1200/- on 8.11.2021 and Rs.100/-. In this regard, the Petitioner has given several representations on 30.11.2020, 20.12.2021, 9.5.2022, 6.6.2022 and lastly on 6.9.2022 for survey of his lands. Since the said representations were not considered by the authorities, the Petitioner has come forward with the present Writ Petition for the relief stated supra.
4.The learned Special Government Pleader appearing for the respondents 1 and 2, on instructions, would submit that the Petitioner's representation will be considered by the authorities concerned within the time limit prescribed by this Court.
5.In view of the above submission, this Court, without going into the merits of the matter, directs the second respondent to consider the representation of the Petitioner, dated 6.9.2022 taking note of the relevant title documents produced by him and pass appropriate orders 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.
6.With the above direction, the Writ Petition stands disposed of. No costs.
13.10.2022 Index : Yes/No Internet:Yes/No vsn To 1.The District Collector, Office of the District Collector, Tenkasi District, Tenkasi.
2.The Tahsildar, Kadayanallur Taluk, Kadayanallur Taluk, Tenkasi District.
3.The Commissioner, Kadayanallur Municipality, Kadayanallur, Tenkasi District.
V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.23633 of 2022 13.10.2022