Baba Mohamed Bathurudheen Asanshersa v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T.ASHA Baba Mohamed Bathurudheen Asanshersa ... Petitioner Vs.
1.The District Collector, Office of the District Collector, Theni District.
2.The Assistant Director, Office of the Assistant Director of Survey & Land Document, Theni District.
3.The Tahsildar, Office of the Tahsildar, Periyakulam Taluk, Theni 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 third respondent to consider the petitioner's representation, dated 20.05.2024 in the light of the order passed by the second respondent in Na.Ka.A1/2252/2024, dated 1/5
07.06.2024 within the time that may be stipulated by this Court and pass any further order or orders as this Court.
For Petitioner : Mr.K.R.Badurus Zaman For Respondents : Mr.B.Saravanan Additional Government Pleader
ORDER
The present Writ Petition is filed for a Mandamus seeking for a direction to the third respondent to consider the petitioner's representation, dated 20.05.2024 in the light of the order passed by the second respondent in Na.Ka.A1/2252/2024, dated 07.06.2024.
2. The case of the petitioner is that the petitioner is a permanent resident of Theni District. In such circumstances, his mother has two properties. Out of which, one property is comprised in S.No.1906/2BA3 to an extent of 3058 square feet situated at Devathanapatti Village, Periyakulam Taluk, Theni District and another property in S.No.1906/2B2A1 to an extent of 35.60 cents situated at Devathanapatti Village, Periyakulam Taluk, Theni District and his mother was in possession and enjoyment of the above said two properties. On 23.11.2015, his mother executed a settlement deed in his favour for the above said property in S.No.1906/2B2A3 and the same was registered in Document 2/5
No.4096 of 2015 on the file of the Sub Registrar Office, Bathalagundu and on 19.04.2021, she executed another settlement deed in his favour in S.No. 1906/2B2A1 and the same was registered in Document No.1478 of 2021. Thereafter, the revenue records were mutated in his name and patta stood in his mother name in Patta No.9590. In the meanwhile, the petitioner filed W.P(MD)No.23972 of 2023 seeking a direction to the respondents to conduct a survey and fix four boundaries of the petitioner's land based on his representation, dated 21.06.2023. On 03.10.2023, this Court disposed of that writ petition with specific directions. In this regard, on 20.05.2024, the petitioner made a detailed representation to the second respondent. The second respondent made proceedings, dated 07.06.2024 to the third respondent and direct him to take appropriate action on the petitioner's representation, dated 20.05.2024. Since the same was not considered, the present writ petition has been filed.
3. It is informed by the learned Additional Government Pleader, Mr.B.Saravanan that the matter is pending and the same would be disposed of within a period of eight (8) weeks from the date of receipt of a copy of this order.
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4. Recording the above submission, the writ petition stands allowed, accordingly. There shall be no order as to costs. 26.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The District Collector, Office of the District Collector, Theni District.
2.The Assistant Director, Office of the Assistant Director of Survey & Land Document, Theni District.
3.The Tahsildar, Office of the Tahsildar, Periyakulam Taluk, Theni District.
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P.T.ASHA , J.
BTR 26.09.2024 5/5