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Madras High CourtWP/3436/2024disposed of

R.Abdul Samad v. The District Collector

2024-02-15Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN R.Abdul Samad ... Petitioner Vs.

1. The District Collector Collectorate Kallakuruchi Kallakuruchi District

2. The Tahsildar Thirukovillur Taluk Kallakuruchi District

3. The Firka Land Surveyor Thiyagadhurugam Kallakuruchi Taluk, Kallakuruchi District ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 3rd respondent to dispose the petitioner's representation dated 20.12.2023 and subsequently to survey the mutes and bounds of the petitioner's adjacent property an extent of 0.11.0 Ares (27 cents) comprised in Survey No.49/2, Periyiamambattu Village, Kallakuruchi Taluk, Kallakuruchi District.

For Petitioner : M/s.K.Varsha For Respondents : Mr.A.Selvendran Special Government Pleader 1/5

ORDER

This Writ Petition is filed seeking a Writ of Mandamus directing the 3rd respondent to dispose the petitioner's representation dated 20.12.2023 and subsequently to survey the mutes and bounds of the petitioner's adjacent property an extent of 0.11.0 Ares (27 cents) comprised in Survey No.49/2, Periyiamambattu Village, Kallakuruchi Taluk, Kallakuruchi District.

2. The learned counsel for the petitioner submitted that it would suffice if a direction is issued to the 3rd respondent to consider the representation of the petitioner dated 20.12.2023, within a stipulated time as may be fixed by this Court.

3. Mr.A.Selvendran, learned Special Government Pleader takes notice for the respondents.

4. Having regard to the submissions made by the learned counsel on either side and since this writ petition is filed seeking a simple writ of mandamus to consider the petitioner's representation, this Court without expressing any opinion with regard to the merits of the case, directs the 2/5

respondents to consider the petitioner's representation dated 20.12.2023 and issue notice to the petitioner and the adjacent land owners of the four boundaries of the subject property and also to the rival claimants/interested parties/objectors if any, as the case may be and conduct enquiry in the manner known to law and after enqiury, if the petitioner was found to be eligible, conduct survey and pass orders on merits and in accordance with law within the time as stipulated in the circular No.R1/2005632/2022 dated 17.07.2023 issued by the Commissioner of Land Administration.

5. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 15.02.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 3/5

To

1. The District Collector Collectorate Kallakuruchi Kallakuruchi District

2. The Tahsildar Thirukovillur Taluk Kallakuruchi District

3. The Firka Land Surveyor Thiyagadhurugam Kallakuruchi Taluk, Kallakuruchi District 4/5

P.VELMURUGAN. J.

Ksa-2 15.02.2024 5/5