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Madras High CourtWP/4977/2024disposed of

R. Krishnan v. The District Collector

2024-02-28Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN R.Krishnan ... Petitioner versus 1.The District Collector, Office of Collectorate, Salem District.

2.The Tahsildar, Office of Tahsildar, Attur Taluk, Salem District.

3.The Head Surveyor, Office of Tahsildar, Attur Taluk, Salem District.

.....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the third respondent to measure the petitioner's land viz., properties in Survey Nos.120/2C, 120/3C and 146/1 in Appamasamuthiram Village, Attur Taluk, Salem District, by disposing of Pg.Nos.1/5

the petitioner's representation dated 13.04.2023, within a time to be stipulated by this Court.

For Petitioner :

Mr.A.Rajakumar 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 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 third respondent to consider the representation of the petitioner dated 13.04.2023, in and by which, the petitioner sought to measure his properties in Survey Nos.120/2C, 120/3C and 146/1 in Appamasamuthiram Village, Attur Taluk, Salem District.

3. The main grievance of the petitioner is that even though he has Pg.Nos.2/5

given a representation on 13.04.2023, by remitting requisite fees through echallan, till date, the respondents have not taken any action on the said representation.

4.The learned Additional Government Pleader appearing for the respondents submitted that the representation of the petitioner would be considered in accordance with law.

5. Heard both sides.

6. Since this writ petition is filed for a simple Mandamus to consider the representation of the petitioner, this Court, without expressing any view or opinion with regard to the merits of the case, directs the second respondent to consider the representation of the petitioner dated 13.04.2023, and pass appropriate orders by conducting survey in the subject lands, after giving due opportunity of hearing to the petitioner as well as rival claimants/interested parties/objectors/adjacent owners/aggrieved parties 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 eight weeks from Pg.Nos.3/5

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.

28.02.2024 Index: Yes/No Speaking Order : Yes/No ms To 1.The District Collector, Office of Collectorate, Salem District.

2.The Tahsildar, Office of Tahsildar, Attur Taluk, Salem District.

3.The Head Surveyor, Office of Tahsildar, Attur Taluk, Salem District.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 28.02.2024 Pg.Nos.5/5