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Madras High CourtWP/6367/2024disposed of

P.Sadaiyan v. The District Collector

2024-03-12Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN P.Sadaiyan ... Petitioner Vs.

1. The District Collector Kallakurichi, Kallakurichi District

2. The Tahsildar Chinnasalem, Chinnasalem Taluk Kallakurichi District

3. The Surveyor Chinnasalem, Chinnasalem Taluk Kallakurichi District ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 3rd respondent to survey the land and fix boundary stones in respect of Survey No.382/1D3A20.02.40 Hectors property situated at Kallakurichi District, Chinnasalem Taluk, Eduthavinatham Village on the basis of the application dated 07.01.2024 within a reasonable time.

For Petitioner : Mr.P.Rajavel For Respondent : Mr.T.Arun Kumar Additional Government Pleader 1/5

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus directing the 3rd respondent to survey the land and fix boundary stones in respect of Survey No.382/1D3A2- 0.02.40 Hectors property situated at Kallakurichi District, Chinnasalem Taluk, Eduthavinatham Village on the basis of the application dated 07.01.2024 within a reasonable time.

2. The learned counsel for the petitioner submitted that it would suffice if a direction is issued to the concerned respondent to consider the petitioner's application dated 07.01.2024 regarding survey of land, within a reasonable time as may be fixed by this Court.

3. Mr.T.Arun Kumar, learned Additional Government Pleader takes notice for the respondents.

4. Having regard to the submissions made by the learned counsel on either side and since the Writ Petition is filed seeking a simple Writ of Mandamus, this Court without expressing any opinion with regard to the 2/5

merits of the case, directs the 2nd respondent to consider the petitioner's application dated 07.01.2024 and issue notice to the petitioner, adjacent land owners of the four boundaries of the subject property, interested parties/rival claimants/aggrieved parties/objectors if any, as the case may be and conduct enquiry in the manner known to law and after giving opportunity of hearing to all the parties, pass orders on merits and in accordance with law, within the time as prescribed in the circular No.R1/2005632/2022 dated 17.07.2023 issued by the Commissioner of Land Administration, from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 12.03.2024 Index : Yes / No Speaking Order : Yes / No Neutral Case Citation : Yes/No Ksa-2 3/5

To

1. The District Collector Kallakurichi Kallakurichi District

2. The Tahsildar Chinnasalem Chinnasalem Taluk Kallakurichi District

3. The Surveyor Chinnasalem Chinnasalem Taluk Kallakurichi District 4/5

P.VELMURUGAN. J.

Ksa-2 W.P. No.6367 of 2024 12.03.2024 5/5