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Madras High CourtWP/222/2024disposed of

J.Kumar v. The District Collector

2024-01-08Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN J.Kumar ... Petitioner Vs.

1. The District Collector, Namakkal District, Namakkal.

2. The Commissioner, Thiruchengode Municipality, Thiruchengode, Namakkal district.

3. The Tahsildar, Thiruchengode Taluk, Thiruchengode. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to measure the property namely all the piece of land measuring 0 Acre 11 cents

comprised in survey No.39/1 to 39/10 and right to usage of land together with path way right comprised in S.No. 156/1, 2 situated at Tiruchengode Village within the sub registration district of Tiruchengode and within the registration district of Namakkal and within the then district Salem and now within the district of Namakkal by metes and bounds and similarly earmark the said property by laying the boundary stones. For Petitioner : Mr.D.Ashok kumar For Respondents : Mrs.V.Yamunadevi Special Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents to measure the property namely all the piece of land measuring 0 Acre 11 cents comprised in survey No.39/1 to 39/10 and right to usage of land together with path way right comprised in S.No. 156/1, 2 situated at Tiruchengode Village within the sub registration district of Tiruchengode and within the registration district of Namakkal and within the then district Salem and now within the district of Namakkal by metes and bounds and similarly earmark the said

property by laying the boundary stones.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the official respondents.

3. Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the respondents to consider the petitioner's representation dated 27.12.2023, if the petitioner is otherwise eligible, after issuing notice and giving opportunity of hearing to the petitioner, any other legal heirs of the deceased Jaganathan, adjacent land owners of four boundaries of the subject property and interested parties/rival claimants/objectors if any, as the case may be and pass appropriate orders on merits and in accordance with law. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

4. With the abovesaid direction, the Writ Petition is disposed of. There shall be no order as to costs.

08.01.2024 mfa Index:Yes/No Speaking Order: Yes/No To

1. The District Collector, Namakkal District, Namakkal.

2. The Commissioner, Thiruchengode Municipality, Thiruchengode, Namakkal district.

3. The Tahsildar, Thiruchengode Taluk, Thiruchengode.

P.VELMURUGAN, J.

mfa 08.01.2024