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Madras High CourtWP/4487/2024disposed of

K.Appusamy v. The District Collector

2024-02-26Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN K.Appusamy ... Petitioner versus 1.The District Collector, Collectorate Office, Salem.

2.The Thasildhar, Mettur Taluk, Salem.

.....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 11.04.2023 and consequently direct the respondents to survey the petitioner's land in S.Nos.643/36 and 643/32 in Patta Nos.127 and 128 at Senreddiyur, Kuttapatty Village, Mettur Post, Salem District.

Pg.Nos.1/5

For Petitioner :

Mr.G.Muthukumar 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 a writ of mandamus directing the respondents to consider the online application of the petitioner dated 11.04.2023, wherein and whereby, the petitioner sought to survey his land in S.Nos.643/36 and 643/32 in Patta Nos.127 and 128 at Senreddiyur, Kuttapatty Village, Mettur Post, Salem District.

3. The main grievance of the petitioner is that even though he has made an online application, by paying requisite fees vide E-challan on Pg.Nos.2/5

11.04.2023, till date the respondents have not taken any action on the said application.

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

5. Heard both sides.

6. Since this Writ Petition is only for a mandamus simpliciter to consider the application of the petitioner, this Court, without expressing any view or opinion with regard to the merits of the case, directs the second respondent to consider the application of the petitioner dated 11.04.2023, 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 of four boundaries of the subject property/aggrieved parties if any, as the case may be. Such Pg.Nos.3/5

exercise shall be completed within a period of two months from the date of receipt of a copy of this order.

7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

26.02.2024 Index: Yes/No Speaking Order : Yes/No ms To 1.The District Collector, Collectorate Office, Salem.

2.The Thasildhar, Mettur Taluk, Salem.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 26.02.2024 Pg.Nos.5/5