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Madras High CourtWP/1928/2022disposed of

Marcus Frederick Lazaro v. The District Collector

2022-02-04Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.1928 of 2022 Marcus Frederick Lazaro ... Petitioner Vs

1. The District Collector, Nilgiris District, Ooty - 643 001.

2. The Assistant Director of Survey, Survey and Land Records, Finger Post, Udhagamandalam - 643 006.

3. The Tahsildar, Taluk Office, Hospital Road, Jail Hill, Ootu - 643 001.

... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the third respondent to consider the representation of the petitioner dated 14.12.2021 requesting him to conduct a survey and identify and locate the local boundaries of the lands pertaining to the properties owned by the petitioner and give a detailed report concerning all the lands in Masinagudi and Sholur Villages i.e., in Masinagudi Village S.No.87 extent Ac.9.87, S.No.90 extent Ac.3.43, S.No.93 extent Ac.2.08, S.No.94 extent Ac.29.83, S.No.113C extent Ac.3.30, S.No.113A extent Ac.11.09 out of 14.09, S.No.241A extent Ac.90.24, S.No.241C extent Ac.0.27, S.No.238/B extent Ac.30.86, S.No.242A extent Ac.12.82, in Sholur Village S.No.415 extent Ac.8.93 (Total extent 202.72 acres) within a stipulated period fixed by this Court.

For Petitioner :

Ms. R.Amizhdhu For Respondents :

Mr.A.M.Ayyadurai Government Advocate

ORDER

This writ petition has been filed for issuance of Writ of Mandamus, directing the third respondent to consider the representation of the petitioner dated 14.12.2021 requesting him to conduct a survey and identify and locate the local boundaries of the lands pertaining to the properties owned by the petitioner and give a detailed report concerning all the lands in Masinagudi and Sholur Villages i.e., in Masinagudi Village S.No.87 extent Ac.9.87, S.No.90 extent Ac.3.43, S.No.93 extent Ac.2.08, S.No.94 extent Ac.29.83, S.No.113C extent Ac.3.30, S.No.113A extent Ac.11.09 out of 14.09, S.No.241A extent Ac.90.24, S.No.241C extent Ac.0.27, S.No.238/B extent Ac.30.86, S.No.242A extent Ac.12.82, in Sholur Village S.No.415 extent Ac.8.93 (Total extent 202.72 acres) within a stipulated period fixed by this Court.

2. Heard, Ms.R.Amizhdhu, learned counsel appearing for the petitioner and Mr.A.M.Ayyadurai, learned Government Advocate appearing for the respondents.

3. Without expressing any opinion on merits of the writ petition, the third respondent is directed to consider the representation of the petitioner dated 14.12.2021, after issuance of notice to the petitioner and the counter parties, if any, by giving them an opportunity of hearing and pass orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, on payment of requisite fee.

4. With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar Lpp To

1. The District Collector, Nilgiris District, Ooty - 643 001.

2. The Assistant Director of Survey, Survey and Land Records, Finger Post, Udhagamandalam - 643 006.

3. The Tahsildar, Taluk Office, Hospital Road, Jail Hill, Ootu - 643 001.

+1cc to M/s.R.Amizhthu, Advocate, S.R.No.7596 +1cc to the Government Pleader, S.R.No.7690 W.P.No.1928 of 2022 MG(CO) SU(16/02/2022)