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Jeyanthi Shanmuga Sundaram vs The District Collector

Madras High Court|30 January, 2017

JUDGMENT / ORDER

This petition has been filed by the petitioner to issue a writ of Mandamus directing the respondents to consider the representations of the petitioners dated 23.01.2014, 05.01.2016, 15.03.2016, 17.06.2016 and 27.08.2016.
2. According to the petitioners, they are the absolute owners and are in possession of the property comprised in S.No.27/2C2, Bodinaickanpatti Village, Salem Taluk and District measuring to an extent of 8.9 acres was acquired by the father of the petitioners on 12.07.1954. The Special Tahsildar, Salem acquired about 1.43 acres of land out of the aforesaid property belonging to M/s.N.K.Srinivasan and Family. The acquired lands were classified as S.Nos.27/2B and the remaining land which were not acquired were classified as S.Nos.27/2C by the Award No.16/1975 dated 24.03.1975. The petitioner's father died on 24.09.1992 and the mother died on 17.01.2011. It is the futher case of the petitioner that the respondents reclassified the aforesaid land in S.No.27/2C2 as Town Survey Nos.77/1 and 80. While resurveying the revenue officials converted the extent of the land of 2.44 acres into sq.mts and measured as 9678 sq.mts instead of 9874 sq.mts. The relevant name of the pattadars was not entered for T.S.No.77/1 and the column was left vacant and for T.S.No.80, the names of the owners are given as Rajamani, Jayanthi and Padmavathi instead of Rajamani, Jayanthi and Suganthi. Thus, the name of the third pattadar is wrongly mentioned as padmavathi instead of Suganthi. Since, no response is forthcoming, the petitioners made several representations and the last of such representation was made on 27.08.2016. But no action was taken till date and hence, the petitioners have come forward with the present writ petition.
3. Heard the learned appearing for the petitioners and learned Special Government appearing for the respondents.
4. Taking note of the submissions made by the learned counsel for the petitioner, this Court, without going into the merits of the claim made by the petitioner, directs the 6th respondent, to consider the representation of the petitioner dated 27.08.2016, and pass appropriate orders, on merits and in accordance with law as expeditiously as possible, preferably within a period of B.RAJENDRAN,J kkd three months from the date of receipt of a copy of the order. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim made by the petitioner.
5. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.
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Title

Jeyanthi Shanmuga Sundaram vs The District Collector

Court

Madras High Court

JudgmentDate
30 January, 2017