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Madras High CourtWP/4173/2018disposed of

C.Subramani, v. The District Surveyor,

2018-02-26Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2018

CORAM:

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.4173 of 2018 C.Subramani

...Petitioner

Vs 1.The District Surveyor, Collectorate at Sathuvacherry, 2.The Revenue Divisional Officer, Office at Ranipettai, 3.The Tahsildar, Walajah Taluk,

...Respondents

Prayer:-Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus to direct the respondents particularly the second respondent to consider the representation dated 18.11.2017 and 10.01.2018 of the petitioner to survey and demarcate the land comprised in Survey Nos.507/3A, 507/3C, 507/11 bearing Patta No.326 situated in No.75, Ayilam Village, Walajah Taluk, Vellore District with assistance of the first respondent and the third respondent to issue patta to the petitioner and to pass appropriate orders thereon on merits and in accordance with law within a time fixed by this Court.

For Petitioner :

Mr.B.K.Girishneelakantan For Respondents :

Ms.S.Ramya Revathy Government Advocate

ORDER

Ms.S.Ramya Revathy, learned Government Advocate takes notice for the respondents.By consent, the main writ petition itself is taken up for final disposal at the stage of admission.

2.The petitioner seeks for a mandamus to direct the second respondent to consider his representations dated 18.11.2017 and 10.01.2018 to survey and demarcate the land comprised in Survey Nos.507/3A, 507/3C, 507/11 bearing Patta No.326 situated in No.75, Ayilam Village, Walajah Taluk, Vellore District with assistance of the first respondent and the third respondent to issue patta to the petitioner within the time frame fixed by this Court.

3.The grievance of the petitioner is that even though the petitioner has paid necessary charges to survey the subject property and also made representations dated 18.11.2017 and 10.01.2018, seeking to survey and demarcate the subject property and for issuance of patta in his favour, till this date, the respondents have not conducted any survey. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the respondents to consider and decide the same on its own merits and in accordance with law. Therefore, this writ petition is disposed of, only with a direction to the third respondent to consider the representations of the petitioner dated 18.11.2017 and 10.01.2018 and pass orders on the same on merits and in accordance with law, after hearing the petitioner and other rival claimants, if any. Such exercise shall be done by the third respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar vri To 1.The District Surveyor, Collectorate at Sathuvacherry, 2.The Revenue Divisional Officer, Office at Ranipettai,

3.The Tahsildar, Walajah Taluk, +1 CC to Government Pleader, High Court, Chennai Sr.No.14812 +1 CC to Mr.B.K.Girishneelakantan, Advocate Sr.No.14428 W.P.No.4173 of 2018 KP(08/03/2018)