Perumayee vs The District Collector on 10 November, 2016

[Cites 1, Cited by 0]

Madras High Court

Perumayee vs The District Collector on 10 November, 2016

Bench: B.Rajendran

        

 
IN THE HIGH COURT OF JUDICATURE AT MADRAS 
DATED: 10.11.2016
CORAM:
THE HONOURABLE MR. JUSTICE B.RAJENDRAN
W.P.No.39288/2016

1.Perumayee
2.R.Thankavel							..	Petitioners

Vs

1.The District Collector
   Peramballur District.
   Permballur.

2.The Revenue Divisional Officer
   Peramballur,
   Peramballur District.

3.The Tahsildar
   Veppanthattai Taluk
   Peramballur District.

4.The Taluk Head Surveyor
   Veppanthattai Taluk
   Peramballur District.

5.S.Perumal								..    Respondents

	Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondents herein to forth with survey the lands of the petitioners herein in S.No.270/1 and 271/1 of Udumpiyam Village and issue revised patta  based on their title deeds.

		For Petitioners	:	Mr.V.R.Rajasekaran
			For RR 1 to 4	:	Mr.R.S.Selvam, GA

ORDER

Heard Mr.V.R.Rajasekaran, learned counsel for the petitioners ; Mr.R.S.Selvam, learned Government Advocate who accepts notice on behalf of the respondents 1 to 4 and with the consent on either side, the writ petition is taken up for final disposal.

2 The 1st petitioner is the mother of the 2nd petitioner and that they are in possession and enjoyment of the properties admeasuring to an extent of 2 acres comprised in S.No.270/1 and 2.65 acres of land comprised in S.No.271/1, situate in Udumpiyam village, Veppanthattai Taluk, Peramballur District, as per the Settlement Deed bearing Doc.No.2013/1977 dated 11.12.1977 executed by the paternal grandfather of the 2nd petitioner and that the patta relating to S.NO.270/1 and 271/1 do not reflect true and correct land holdings of the petitioners and in this regard, the petitioners submitted a representation on 06.01.2015 followed by a reminder on 23.02.2016 and a second reminder on 01.03.2016. On 14.03.2016, the 1st respondent herein has forwarded the representation of the petitioners to the 2nd respondent for conducting enquiry. Though the petitioners have appeared for the enquiry with all relevant records, no enquiry was conducted nor any direction was issued to the 4th respondent to survey and measure the said lands of the petitioner. Since the petitioners are yet to be favoured with any kind of response, they are before this Court with the present writ petition.

3 Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioners either in their representation or in this writ petition, directs the respondents to consider and pass orders on the representation of the petitioners dated 01.03.2016 on merits and in accordance with law and pass orders after issuing notice to the 5th respondent herein-paternal uncle of the 2nd petitioner, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners as well as to the 5th respondent herein.

4 The writ petition stands disposed of with the above direction. No costs.

10.11.2016 AP B.RAJENDRAN, J., AP To

1.The District Collector Peramballur District.

Permballur.

2.The Revenue Divisional Officer Peramballur, Peramballur District.

3.The Tahsildar Veppanthattai Taluk Peramballur District.

4.The Taluk Head Surveyor Veppanthattai Taluk Peramballur District.

WP.No.39288/2016

10.11.2016 http://www.judis.nic.in

Unlock Advanced Research with PRISMAI

Madras High Court