Rajendran R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.24323 of 2022 and W.M.P(MD)No.25892 of 2022 R.Rajendran ... Petitioner .Vs.

1.The District Collector, Tenkasi District, Tenkasi.

2.The Tahsildar, V.K.Pudur Taluk, Tenkasi District.

3.The Head Surveyor, Office of the V.K.Pudur Tahsildar, V.K.Pudur Taluk, V.K.Pudur, Tenkasi.

4.Madathi Ammal @ Ponnuthai 5.Muthumari ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution 1/6

of India, praying this Court to issue a Writ of Mandamus directing the second respondent to conduct an enquiry on the Petitioner's representation, dated 20.09.2022. For Petitioner : Mr.M.Sankar For Respondents : Mr.A.Baskaran 1 to 3 Addl.Govt. Pleader For Respondents : No appearance 4 and 5

O R D E R

The Petitioner herein seeks a direction to the second respondent to conduct an enquiry on the Petitioner's representation, dated 20.09.2022.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.According to the Petitioner, 44 cents of land in S.No.493/6 in Melamaruthappapuram Panchayat Annamalai Pudur Village, Veerakerelampurur Taluk, Tenkasi District belong to the Petitioner's father Ramaiah Thevar originally. He executed a settlement deed in favour of Petitioner and his siblings and thus 2/6

the Petitioner and his siblings are in possession and enjoyment of the said property. It is also claimed by the Petitioner that the fourth respondent herein obtained patta for the said property with the help of bogus documents and based on the bogus documents, the fourth respondent made an application before the official respondents seeking survey of the property. Therefore, the Petitioner submitted the instant representation on 20.9.2022 requesting the respondents not to survey the subject property. 4.The second respondent filed a counter affidavit stating that the fifth respondent made an application for survey and sub division of subject property and the said application was rejected by him. Therefore the allegation in the Writ Petition that the respondents are attempted to survey the property was denied in the counter affidavit. However, the second respondent in his counter affidavit, has not referred about the request made by the fourth respondent to survey the subject property on the strength of the patta obtained by him.

5.In these circumstances, without expressing any opinion on the merits of the claim made by the Petitioner, the second respondent is directed to consider the representation of the Petitioner, dated 20.09.2022 and pass orders on its own merits after 3/6

affording opportunity to the Petitioner and fourth respondent, within a period of 12 weeks from the date of a copy of this order. 6.With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

10.06.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The District Collector, Tenkasi District, Tenkasi.

2.The Tahsildar, V.K.Pudur Taluk, Tenkasi District.

3.The Head Surveyor, Office of the V.K.Pudur Tahsildar, V.K.Pudur Taluk, V.K.Pudur, Tenkasi.

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S.SOUNTHAR.,J.

vsn ORDER MADE IN W.P(MD)No.24323 of 2022 and W.M.P(MD)No.25892 of 2022 5/6

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