Madras High CourtWP/10053/2017disposed of

P.Komarasamy v. The District Collector

2017-04-24Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2017

CORAM

The Honourable MR. JUSTICE M.DURAISWAMY W.P.No.10053 of 2017 P.Komarasamy [ Petitioner ] Vs 1 The District Collector Namakkal District Namakkal 2 The Tahsildar Namakkal Taluk, Namakkal District [ Respondents] Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents to consider the petitioner's representation dated 23.11.2016 regarding to depute the Taluk Surveyor to demarcate the boundaries of the land in Survey NO.41/1B (0.69.50 hectares) situate in the Village of Thathariyangarpet Village, Namakkal Taluk & District on that basis issue Patta in his name.

For Petitioner : Mr.J.Muthukumaran For Respondents : Mr.R.S.Selvam, GA

ORDER

Mr.R.Selvam, learned Government Advocate, takes notice for the respondents.

2. By consent, the main writ petition itself is taken up for final disposal at the admission stage itself.

3. The petitioner has filed the above writ petition to issue a writ of mandamus directing the respondents to consider his representation dated 23.11.2016 to depute the Taluk Surveyor to demarcate the boundaries of the land in Survey https://hcservices.ecourts.gov.in/hcservices/

No.41/1B (0.69.50 hectares) situated in Thathariyangarpet Village, Namakkal Taluk & District and on that basis issue Patta in his name.

4. The learned counsel appearing for the petitioner submitted that though the petitioner has given the representation to the respondents for demarcation as early as on 23.11.2016, the 2nd respondent has not deputed the Taluk Surveyor to demarcate the lands so far.

5. Mr.R.S.Selvam, learned Government Advocate, appearing for the respondents submitted that the 2nd respondent may be directed to consider the petitioner's representation and depute the Taluk Surveyor to demarcate the lands in accordance with law, within a time frame.

6. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner in the writ petition, without expressing any opinion with regard to the merits of the case, I direct the 2nd respondent to consider the petitioner's representation dated 23.11.2017 for demarcation of lands mentioned above in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. With the above observation, the writ petition is disposed of. No costs.

s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To 1 The District Collector Namakkal District Namakkal 2 The Tahsildar Namakkal Taluk, Namakkal District +1 CC to Mr.J. Muthukumaran, Advocate sr 24542 +1 CC to The Govt.Pleader sr 25017 W.P.No.10053 of 2017 NMI(CO) sp/2/5 https://hcservices.ecourts.gov.in/hcservices/