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Madras High CourtWP/4969/2023disposed of

M.Appusamy v. The District Collector

2023-02-21Honourable Mr Justice R. Suresh Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR M.Appusamy ... Petitioner Vs 1.The District Collector, Coimbatore District Coimbatore.

2.The Revenue Divisional Officer, Pollachi Revenue Division, Coimbatore District.

3.The Revenue Tahsildar, Keenathukadavu Taluk, Coimbatore District.

4.The Chief Land Surveyor, Tahsildar Office, Keenathukadavu Taluk, Coimbatore District.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 3rd respondent to consider the representation of the petitioner dated 31.12.2021 and 18.04.2022 and to direct the 3rd respondent to survey and mark the land in 1/5

Old Survey No.121/1pa new Survey No.532/24 at Panapatti Village, Kenathukadavu Taluk, Coimbatore District with an extent of 283 sq.metre and to change the patta in the name of existing legal heirs. For Petitioner : Mr.K.Kathiresan For Respondents : Ms.Akila Rajendran Government Advocate

ORDER

The prayer sought for herein is for a writ of mandamus directing the 3rd respondent to consider the representation of the petitioner dated 31.12.2021 and 18.04.2022 and to direct the 3rd respondent to survey and mark the land in Old Survey No.121/1pa new Survey No.532/24 at Panapatti Village, Kenathukadavu Taluk, Coimbatore District with an extent of 283 sq.metre and to change the patta in the name of existing legal heirs.

2. In respect of the land at Old Survey No.121/1pa New Survey No.532/24 situated at Panapatti Village, Kenathukadavu Taluk, Coimbatore District, the petitioner had given representation/application on 31.12.2021 and 18.04.2022 to survey the land and to identify the four boundaries and in order to consider the said application, the petitioner has moved the present writ petition.

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3. Heard the learned counsel appearing for the petitioner and Ms.Akila Rajendran, learned Government Advocate appearing for the respondents.

4. The learned Government Advocate for the respondents would submit that for surveying the land the petitioner not only has given a representation but also has to pay necessary fee to that effect, since no such fee has been paid, the said application submitted by the petitioner cannot be considered, she contended.

5. However, Mr.K.Kathiresan, learned counsel for the petitioner would submit that immediately the necessary fee would be paid, on such payment the respondents may be directed to consider the application and to do the needful.

6. Considering the said submission made by both sides, this Court is inclined to dispose of this writ petition by giving a direction to the 3rd and 4th respondents to consider the application submitted by the petitioner dated 31.12.2021 and 18.04.2022 and do the needful by completing the survey 3/5

after receipt of the necessary fee from the petitioner within a period of eight weeks thereafter.

7. With these directions, this Writ Petition is disposed of. No costs. 21.02.2023 Index : Yes / No Speaking Order : Yes / No Sgl To 1.The District Collector, Coimbatore District Coimbatore.

2.The Revenue Divisional Officer, Pollachi Revenue Division, Coimbatore District.

3.The Revenue Tahsildar, Keenathukadavu Taluk, Coimbatore District.

4.The Chief Land Surveyor, Tahsildar Office, Keenathukadavu Taluk, Coimbatore District.

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R.SURESH KUMAR, J.

Sgl 21.02.2023 5/5