Madras High CourtWP/6001/2024disposed of

Asai Thambi v. The District Collector

2024-03-08Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Asai Thambi ... Petitioner Vs.

1 The District Collector, Villupuram Collectorate Office, Villupuram 605 602.

2 The Thasildar, Thindivanam taluk, Thindivanam 3 The Surveyor, Thindivanam Taluk Office, Thindivanam. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 3rd respondent to survey lands situated in New Survey No 104 / 3 Chithani village Tindiyanam Taluk in Villupuram District and also by considering the representations dated 14.08.2023 and 04.09.2023 given to the respondent No. 1 For Petitioner : Mr.L.Galvin Jones For Respondents : Mr.A.Selvendran Special Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the third respondent to survey the lands situated in New Survey No 104 / 3, Chithani village, Tindiyanam Taluk in Villupuram District, by considering the petitioner's representations dated 14.08.2023 and 04.09.2023 given to the first respondent.

2. The petitioner made representations before the first respondent on 14.08.2023 and 04.09.2023 to survey his land and he has also paid requisite fees. The respondent has not considered the petitioner's application so far. Hence the petitioner is constrained to file the present writ petition.

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

4. Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for

by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the respondents to consider the petitioner's representations dated 14.08.2023 and 04.09.2023, if the petitioner is otherwise eligible and conduct enquiry in the manner known to law after issuing notice to the petitioner, adjacent land owners of four boundaries of the subject property and interested parties/rival claimants/objectors if any, and dispose the petitioner's representations in accordance with law. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

5. With the abovesaid direction, The Writ Petition is disposed of. There shall be no order as to costs.

08.03.2024 mfa Index:Yes/No Speaking Order: Yes/No To 1 The District Collector,

Villupuram Collectorate office, Villupuram 605 602 2 The Thasildar, Thindivanam taluk, Thindivanam 3 The Surveyor, Thindivanam Taluk Office, Thindivanam.

P.VELMURUGAN, J.

mfa 08.03.2024