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Madras High CourtWP/9693/2017disposed of

C.A.Edward Komagan, v. The District Collector

2017-04-27Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2017

CORAM

The Honourable MR. JUSTICE M.DURAISWAMY W.P.No.9693 of 2017 C.A.Edward Komagan

...Petitioner

v.

1 The District Collector Tiruvallur District, Tiruvallur District 2 The Sub collector Tiruvallur District, Tiruvallur District 3 The Tahsildar Avadi Taluk Office, Avadi Tiruvallur District ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the 3rd respondent to survey and demarcate the boundaries of the Gramanatham land comprised in Survey No.211/27, situated at 3/32, T.R.Masilamani Street, Nemilichery Village, Thirunindravur, Avadi Taluk, Thiruvallur District 602 024, as per order passed by the 2nd respondent in his proceedings No.Na.Ka.5106/2012/Aa5, dated 23.10.2015, with in time frame.

For Petitioner : Mr.J.Satheesh For Respondents : Mr.R.S.Selvam

Govt. Advocate

ORDER

The petitioner has filed the above writ petition to issue a Writ of Mandamus, directing the 3rd respondent to survey and demarcate the boundaries of the Gramanatham land comprised in Survey No.211/27, situated at 3/32, T.R.Masilamani Street, Nemilichery Village, Thirunindravur, Avadi Taluk, Thiruvallur District 602 024, as per order passed by the 2nd respondent in his proceedings dated 23.10.2015, with in time frame.

2.The learned counsel appearing for the petitioner submitted that pursuant to the decree passed in O.S. No.142 of 2008 on the file of Additional District Munsif Court, Poonamallee, the petitioner gave a representation to the 3rd respondent on 12.09.2016, however, the same has not yet been considered by the 3rd respondent.

3. Mr.R.S.Selvam, learned Government Advocate, taking notice for the respondents, submitted that the 3rd respondent may be directed to consider the petitioner's representation, in accordance with law.

4. Having regard to the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for in the writ petition, without expressing any opinion with regard to the merits of the case, I direct the 3rd respondent to consider the petitioner's representation dated 12.09.2016 and pass orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. With this observation, the writ petition is disposed of. No costs.

27.04.2017 Index: Yes/No Rj To 1 The District Collector Tiruvallur District, Tiruvallur District 2 The Sub collector Tiruvallur District, Tiruvallur District 3 The Tahsildar Avadi Taluk Office, Avadi Tiruvallur District

M.DURAISWAMY,J.

Rj W.P.No.9693 of 2017 27.04.2017 http://www.judis.nic.in