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Madras High CourtWP/3642/2024disposed of

Periyasamy v. The District Collector

2024-02-16Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Periyasamy S/o.Chinnappan ... Petitioner versus 1.The District Collector Namakkal District.

2.The Tahsildar Tiruchengode Taluk Namakkal District.

3.The Head Surveyor Tiruchengode Taluk Namakkal District.

4.The Village Administrative Officer Molipalli Village Tiruchengode Taluk Namakkal District.

... Respondents Page No.1/6

Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the 1 st to 4 th respondents to survey the petitioner's land in Survey No.144/2 in Patta No.114 to an extent of 0.56.50 acres respectively situated at Molipalli Village, Tiruchengode Taluk, Namakkal District and to fix its boundaries as per revenue records. For Petitioner :

Mr.A.Arun Kumar For Respondents :

Mr.T.Arun Kumar Additional Government Pleader

O R D E R

Mr.T.Arun Kumar, learned Additional Government Pleader accepts notice for the respondents. With the consent of both parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking for issuance of writ of mandamus directing the respondents to survey the petitioner's land in Page No.2/6

Survey No.144/2 in Patta No.114 measuring an extent of 0.56.50 acres respectively situated at Molipalli Village, Tiruchengode Taluk, Namakkal District and to fix its boundaries as per revenue records. In this regard, the petitioner has sent a representation dated 20.11.2023 to the second respondent. Since there was no response from the respondents till date, the present writ petition has been filed.

3. This Court, at this stage, is not expressing any view on the merits of the matter, as it is for the respondents to consider and decide the same on merits and in accordance with law. Since this Writ Petition is only for a mandamus simplicitor to consider the representation, this Court directs the respondents to consider the representation of the petitioner, dated 20.11.2023 and pass appropriate orders on merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as the rival claimants / interested parties/objectors/ adjacent owners, as the case may be. Page No.3/6

Such exercise shall be completed 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.

16.02.2024 Index: Yes/No Speaking Order : Yes/No ms Page No.4/6

To 1.The District Collector Namakkal District.

2.The Tahsildar Tiruchengode Taluk Namakkal District.

3.The Head Surveyor Tiruchengode Taluk Namakkal District.

4.The Village Administrative Officer Molipalli Village Tiruchengode Taluk Namakkal District.

Page No.5/6

P.VELMURUGAN, J.

ms 16.02.2024 Page No.6/6