N.Kannathasan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.02.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN N.Kannathasan ... Petitioner versus 1.The District Collector, Cuddalore District.
2.The Assistant Director of Survey and Land Records, Survey and Settlement Department, Cuddalore District.
3.The Tahsildar, Thittakudi Taluk, Cuddalore District.
.....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to measure and fix four boundary stones in respect of the petitioner's immovable property, being land and building, comprised in Natham S.No.111, corresponding to Natham New S.No.201/7, Nadu Veedhi, Vagaiyur Village, Thittakudi Taluk, Cuddalore District, ad-measuring East West 25 Feet, North South 25 Feet, measuring an extent of 625 sq.ft together equal half right in the Common Passage ad-measuring East West 8 Feet, North South 75 Feet, measuring Pg.Nos.1/6
600 sq.ft., Half-Share of it, i.e. 300 sq.ft within the local limits of Vagaiyur Village Panchayat/ Vagaiyur Panchayat Board, within a time frame to be fixed by this Court.
For Petitioner :
Mr.R.S.Krishnaswamy 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 measure and fix four boundary stones in respect of the petitioner's immovable property, being land and building, comprised in Natham S.No.111, corresponding to Natham New S.No.201/7, Nadu Veedhi, Vagaiyur Village, Thittakudi Taluk, Cuddalore District, ad-measuring East-West 25 Feet, North-South 25 Feet, measuring an extent of 625 sq.ft together equal half right in the Common Passage admeasuring East-West 8 Feet, North-South 75 Feet, measuring 600 sq.ft., Pg.Nos.2/6
Half-Share of it, i.e. 300 sq.ft within the local limits of Vagaiyur Village Panchayat/ Vagaiyur Panchayat Board, within a time frame to be fixed by this Court.
3. The learned counsel for the petitioner submitted that the petitioner has made on-line application dated 21.02.2022 to the third respondent and he has also paid requisite fees vide E-challan, however, there was no response from the third respondent. The reminders sent by the petitioner also did not yield any fruitful result. Hence, the petitioner is constrained to file the present writ petition.
4.The learned Additional Government Pleader appearing for the respondents submitted that the petitioner's representation will be considered on merits and in accordance with law.
5. Heard both sides.
6. Since this Writ Petition is only for a mandamus simpliciter to consider the representation of the petitioner, this Court, without expressing Pg.Nos.3/6
any view or opinion with regard to the merits of the case, directs the third respondent to consider the representation of the petitioner dated 21.02.2022, 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 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 Pg.Nos.4/6
1.The District Collector, Cuddalore District.
2.The Assistant Director of Survey and Land Records, Survey and Settlement Department, Cuddalore District.
3.The Tahsildar, Thittakudi Taluk, Cuddalore District.
Pg.Nos.5/6
P.VELMURUGAN, J.
ms 26.02.2024 Pg.Nos.6/6