M.Palani, Ex.Army v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.02.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN M.Palani ... Petitioner versus 1.The District Collector, O/o.The District Collector, Krishnagiri District.
2.The Deputy Director and Personal Assistant for Collector (Land Survey), O/o.The District Collector, Krishnagiri District.
3.The Tahsildar, Pochampalli Taluk Office, Krishnagiri District.
4.The Head Surveyor, Pochampalli Taluk Office, Krishnagiri District.
.....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to pass Pg.Nos.1/6
appropriate orders to the respondents 3 and 4 to conduct survey in the petitioner's land bearing S.No.137/1, to an extent of 27 cents situated at Thimminaikempatti Village, Pochampalli Taluk, Krishnagiri District on the basis of the petitioner's representation dated 04.12.2023 and vide e-challan dated 11.07.2023 in Challan No.20230711001877. For Petitioner :
Mr.T.Elumalai For Respondents :
Mr.A.Selvendran Special Government Pleader
O R D E R
Mr.A.Selvendran, learned Special Government Pleader accepts notice for the respondents. With the consent of both the parties, this 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 first respondent to pass appropriate orders to the respondents 3 and 4 to conduct survey in respect of the petitioner's land in S.No.137/1, measuring an extent of 27 cents situated at Thimminaikempatti Village, Pochampalli Taluk, Krishnagiri District, on the basis of the Pg.Nos.2/6
petitioner's representation dated 04.12.2023 and vide e-challan dated 11.07.2023 in Challan No.20230711001877.
3.The learned counsel for the petitioner submitted that the petitioner has made online application to the respondents, seeking to conduct survey in respect of the subject property, by paying requisite fees through e-challan dated 11.07.2023. Since there was no response from the respondents, the petitioner has given a representation to the first respondent on 04.12.2023. However, since no fruitful orders are forthcoming, the petitioner is constrained to file the present writ petition.
4. The learned Special Government Pleader appearing for respondents submitted that the application/representation of the petitioner would be considered in accordance with law by the authority concerned.
5. Since this writ petition is filed for Mandamus simpliciter, to direct the respondents to consider the representation of the petitioner, this Court, without expressing any view or opinion with regard to the merits of the Pg.Nos.3/6
case, directs the third respondent to consider the representation of the petitioner dated 04.12.2023, and pass appropriate orders by conducting survey in the subject lands, after receipt of the cost of the survey from the petitioner, if not already received, and after giving due opportunity of hearing to the petitioner as well as rival claimants/interested parties/objectors if any, as the case may be, if the representation of the petitioner is otherwise in order. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order.
6. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.
20.02.2024 Index: Yes/No Speaking Order : Yes/No ms Pg.Nos.4/6
To 1.The District Collector, O/o.The District Collector, Krishnagiri District.
2.The Deputy Director and Personal Assistant for Collector (Land Survey), O/o.The District Collector, Krishnagiri District.
3.The Tahsildar, Pochampalli Taluk Office, Krishnagiri District.
4.The Head Surveyor, Pochampalli Taluk Office, Krishnagiri District.
Pg.Nos.5/6
P.VELMURUGAN, J.
ms 20.02.2024 Pg.Nos.6/6