M.Rajamani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.01.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P. No.1489 of 2019 M.Rajamani .. Petitioner Vs.

1. The District Collector Dharmapuri District, Dharmapuri.

2. The Revenue Divisional Officer, Palacode Taluk, Dharmapuri District.

3. The Tahsildar, Palacode Taluk, Dharmapuri District.

4. The Head Surveyor, Palacode Taluk Office, Palacode Taluk, Dharmapuri District. .. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 10.12.2018 for surveying the land measuring an extent of Acres 2.34 cents comprised in Survey No.646B of Karakatha Alli Kadamalai Village, palacode Taluk, Dharmapuri District within a time that maybe fixed by this Court. For Petitioner : Mr.T.Starlin Gnanadhas For Respondents : Mr.S.Sureshkumar Government Advocate

O R D E R

By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

2. The prayer sought for in this Writ Petition is for the issuance of a Writ of Mandamus to direct the respondent to consider the petitioner's representation dated 10.12.2018 for surveying the land measuring an extent of Acres 2.34 cents comprised in Survey No.646B of Karakatha Alli Kadamalai Village, Palacode Taluk, Dharmapuri District.

3. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 10.12.2018 seeking to survey and fix the boundaries in the land measuring an extent of Acres 2.34 cents comprised in Survey No.646B of Karakatha Alli Kadamalai Village, Palacode Taluk, Dharmapuri District, but, the same is yet to be disposed of by the respondents. It is stated that the petitioner has paid necessary charges to survey his property vide challan dated 01.10.2018. Hence, the petitioner has filed this Writ Petition.

4. Heard Mr.S.Sureshkumar, learned Government Advocate on behalf of the respondents.

5. It is the fact that there is dearth of surveyors in many of the Taluk Offices and there are many petitions and requests as that of the petitioners herein waiting their properties to be surveyed. Hence, the third respondent is directed to have a list of such requests and conduct the survey as per the order of priority. However, any such request for survey of the land shall be done, on merits and in accordance with law, after issuing notice to the petitioner and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar av/rsi To

1. The District Collector Dharmapuri District, Dharmapuri.

2. The Revenue Divisional Officer, Palacode Taluk, Dharmapuri District.

3. The Tahsildar, Palacode Taluk, Dharmapuri District.

4. The Head Surveyor, Palacode Taluk Office, Palacode Taluk, Dharmapuri District.

+2 cc to M/s.T.Starlin Gnanadhas, Advocate Sr.No.5751 W.P. No.1489 of 2019 VD(CO) CSL/15.02.2019