← Library
Madras High CourtWP/1783/2024disposed of

G.Sureshkumar v. The Collector Of Villupuram District

2024-02-12Honourable Mr Justice P. Velmurugan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P.No.1834 of 2024 G.Sureshkumar ... Petitioner versus 1.The Collector of Villupuram District, Collectorate Office, Villupuram.

2.The Revenue Divisional Officer, Office of the Sub Collector, Tindivanam, Villupuram District.

3.The Assistant Director of Survey and Land Reforms, Collectorate Office, Villupuram.

4.The Revenue Tahsildar, Marakkanam Taluk, Villupuram District.

... Respondents Page No.1/7

Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the 4 th respondent to consider the petitioner's application dated 10.05.2022 to survey the petitioner's lands measuring 0.24.5 Hectares or 30 cents or 13080 square feet, comprised in New Survey No.55/4 presently under Natham Land tax scheme New Survey Nos.55/4A (00350 square meter), 55/4B (00082 square meter) 55/4C (00294 square meter) 55/4D (00208 square meter) and 55/4E (01516 square meter), situated in Cheyyankuppam Village, Marakkanam Panchayat Union, Marakkanam Taluk, Villupuram District as per the direction by Letter in Na.Ka.No.A3/4094/2023 dated 06.11.2023 of the 3 rd respondent herein.

For Petitioner :

Mr.T.Dhanasekaran For Respondents :

Mr.T.Arun Kumar Additional Government Pleader

O R D E R

This writ petition has been filed seeking for issuance of a writ of mandamus, directing the 4 th respondent to consider the petitioner's application dated 10.05.2022, in and by which, he sought to survey the Page No.2/7

lands measuring an extent of 0.24.5 Hectares or 30 cents or 13080 square feet, comprised in New Survey No.55/4 presently under Natham Land Tax Scheme New Survey Nos.55/4A (00350 square meter), 55/4B (00082 square meter) 55/4C (00294 square meter) 55/4D (00208 square meter) and 55/4E (01516 square meter), situated in Cheyyankuppam Village, Marakkanam Panchayat Union, Marakkanam Taluk, Villupuram District, as per the direction of the third respondent vide Letter in Na.Ka.No.A3/4094/2023 dated 06.11.2023.

2. The main grievance of the petitioner is that the petitioner has made an online application to the third respondent on 10.05.2022, seeking to survey the subject properties, by paying requisite fees through e-challan. Since there was no response from the third respondent, the petitioner has sent a legal notice/petition to the third respondent on 21.10.2023. While so, the third respondent vide letter dated 06.11.2023 directed the fourth Page No.3/7

respondent to consider the petition of the petitioner dated 21.10.2023, but till date the fourth respondent has not taken any action on the said application/petition and hence, the petitioner is constrained to file the present writ petition.

3. The learned Additional Government Pleader appearing for the respondents submitted that the application of the petitioner would be considered in accordance with law.

4. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.

5. Since this writ petition is filed for a simple Mandamus to consider the application of the petitioner, this Court, without expressing any view or Page No.4/7

opinion with regard to the merits of the case, directs the fourth respondent to consider the petitioner's application dated 10.05.2022 and pass appropriate orders on merits and in accordance with law, after issuing notice to the petitioner as well as rival claimants/interested parties/objectors if any, within a period of two months from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed. However, there shall be no order as to costs.

12.02.2024 Index: Yes/No Speaking Order : Yes/No ms Page No.5/7

To 1.The Collector of Villupuram District, Collectorate Office, Villupuram.

2.The Revenue Divisional Officer, Office of the Sub Collector, Tindivanam, Villupuram District.

3.The Assistant Director of Survey and Land Reforms, Collectorate Office, Villupuram.

4.The Revenue Tahsildar, Marakkanam Taluk, Villupuram District.

Page No.6/7

P.VELMURUGAN, J.

ms 12.02.2024 Page No.7/7