WP/35842/2019 of G.S.NAVANEEDAKIRUSHNAN Vs The District collector on 30 December 2019

1. The District Collector,Office of the District Collectorate,Tiruppur,Tiruppur District.

2. The District Revenue Officer,District Collectorate Compound,Tiruppur District. .. Respondents

PRAYER:

Writ petition filed under Article 226 of the Constitution ofIndia praying for issuance of Writ of Mandamus, to direct therespondents to carry out necessary inspections and reclassifythe land measuring about 11 cents in Survey No.612/4 atSuryanallur village, Dharapuram taluk, Tiruppur District aspatta land in the light of the petitioner's representation dated17.09.2018 and 27.05.2019.

This Writ Petition has been filed by the petitioner, seekingfor the issuance of a Writ of Mandamus, to direct therespondents to carry out necessary inspections and reclassifythe land measuring about 11 cents in Survey No.612/4 atSuryanallur village, Dharapuram taluk, Tiruppur District aspatta land in the light of the petitioner's representation dated17.09.2018 and 27.05.2019.

2. According to the petitioner, by virtue of familypartition that took place in 2014 and registered as DocumentNo.1776/2014 on the file of the Sub Registrar Office,Dharapuram, the petitioner was allotted 18 cents out of total 54cents of land situated in Survey No.379/E at Suryanallurvillage. Subsequently, the said Survey No.379/E was sub dividedas 547/3 and 612/4, of which, S.No.547/3 was shown as patta landwhile S.No.612/4 was shown as 'salai porambokku'. The case ofthe petitioner is that he has been in possession and enjoymentof entire 18 cents of land allotted to his favour sincepartition, but unfortunately, 11 cents in S.No.612/4 was wronglydescribed as 'salai porambokku'. While so, in 2018, landacquisition proceedings were initiated under Tamil Nadu RoadDevelopment Scheme for developing State Highway 37, viz.,Ottanchatiram Dharapuram Tiruppur Four way lane and the landcomprised in S.No.612/4 was also acquired by the Government.The petitioner was under impression that he would be givencompensation, but when he enquired with the authorities, he wasinformed that the subject land was described as 'salaiporambokku' in Revenue records and unless the same is changedin his name, he would not get any compensation. Therefore, thepetitioner made a representation to the District Collector, 1[st]respondent herein on 17.09.2018, seeking to reclassify thesubject land as patta land belonging to the petitioner.According to the petitioner, pursuant to his representation, the1[st] respondent directed the Tashildar, Dharapuram to conductenquiry, who in turn conducted enquiry and sent proposals to the2[nd] respondent Office for further action. The grievance of thepetitioner is that despite the proposal, no action has beenforthcoming from the respondents. Therefore, the petitioner hasmade another representation on 27.05.2019, but there was noresponse. Hence, the petitioner has come forward with thepresent Writ Petition.

3. Learned counsel appearing for the petitioner, whilereiterating the averments made in the affidavit filed in supportof the writ petition, would submit that the petitioner would besatisfied if the respondents are directed to consider anddispose of the representations made by him at the earliest.

4. Learned Government Advocate appearing for the respondentswould submit that if any such direction is given by this Court,the same would be complied with if the representations are stillpending before the respondents.

5. Considering the facts and the submissions made on eitherside, without going into the merits, the respondents aredirected to consider the representations dated 17.09.2018 and27.05.2019 made by the petitioner and pass reasoned order on

merits and in accordance with law, within a period of eightweeks from the date of receipt of a copy of this order.

6. The Writ Petition is disposed of on the above direction.No costs. Consequently, connected WMP is closed.

Sd/-

Assistant Registrar(CS III)

//True Copy//

Sub Assistant Registrar

Suk

To

1. The District Collector,Office of the District Collectorate,Tiruppur,Tiruppur District.

2. The District Revenue Officer,District Collectorate Compound,Tiruppur District.+1cc to Mr.N.Balamuralikrishnan, Advocate, S.R.No.106841

WP.No.35842 of 2019

AD(CO)CS/21/01/2020