Madras High CourtWP/1616/2024disposed of

Elumalai v. The District Collector

2024-01-29Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN D.Elumalai ... Petitioner versus 1.The District Collector, Collectorate, Tiruvannamalai, 2.The Tahsildhar, Polur Taluk, Polur, Tiruvannamalai District.

3.The Taluk Surveyor, Polur Taluk, Polur, 4.Sampath .....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 2 and 3 to survey the petitioner's lands situated in S.No.737/1A2D to an extent of 30.50 Ares and in S.No.741/1A1D to an extent of 8.50 Are in cents total extent of 96 Pg.Nos.1/5

cents, in Patta No.7403, situated in Padavedu Village Account, Polur Taluk, For Petitioner :

Mr.R.Ramesh For Respondents :

Mrs.V.Yamunadevi Special Government Pleader for R1 to R3

O R D E R

Mrs.V.Yamunadevi, learned Special Government Pleader accepts notice for respondents 1 to 3. Since this writ petition is being disposed of without passing any adverse orders against the fourth respondent, affecting his interest, notice to the fourth respondent is dispensed with.

2. The petitioner has given a representation to the second respondent on 30.10.2023, seeking to conduct survey in respect of subject lands in S.No.737/1A2D measuring an extent of 30.50 Ares and in S.No.741/1A1D measuring an extent of 8.50 Are (total extent of 96 cents), in Patta No.7403, situated in Padavedu Village Account, Polur Taluk, Tiruvannamalai District. Since there was no response from the second respondent till date, the present writ petition has been filed.

Pg.Nos.2/5

3. This Court, at this stage, is not expressing any view on the merits of the matter, as it is for respondents 2 and 3 to consider and decide the same on merits and in accordance with law. Since this Writ Petition is only for a mandamus to consider the representation, this Court directs respondents 2 and 3 to consider the representation of the petitioner dated 30.10.2023 and pass appropriate orders on merits and in accordance with law, after giving due opportunity of hearing to the petitioner, 4th respondent herein as well as the rival claimants / interested parties if any as the case may be, within the stipulated time as stated in Circular No.R1/2005632/2022, dated 17.07.2023 issued by the Commissioner of Land Administration.

4. With the above directions, the writ petition is disposed of. There shall be no order as to costs.

29.01.2024 Index: Yes/No Speaking Order : Yes/No ms Pg.Nos.3/5

To 1.The District Collector, Collectorate, Tiruvannamalai, 2.The Tahsildhar, Polur Taluk, Polur, Tiruvannamalai District.

3.The Taluk Surveyor, Polur Taluk, Polur, Pg.Nos.4/5

P.VELMURUGAN, J.

ms 29.01.2024 Pg.Nos.5/5