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Madras High CourtWP/5743/2022disposed of

T.C.Swamiappa v. The District Collector

2022-03-14Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. No.5743 of 2022 T.C.Swamiappa ... Petitioner Vs.

1. The District Collector, Collectorate,

2. The Tahsildhar,

3. The Town Surveyor, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to survey and fix the boundaries of the petitioner's property in Survey No.99/2 situated at Thalavady Village, Erode District by considering the representation dated 11.01.2022.

For Petitioner : Mr.K.Sasindran For Respondents : Mr.R.P.Murugan Raja Government Advocate

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents to survey and fix the boundaries of the petitioner's property in Survey No.99/2 situated at Thalavady Village, Erode District by considering the representation dated 11.01.2022.

2. The learned Government Advocate takes notice for the official respondents. In view of the limited relief sought for in this petition and on the consent of the learned counsel

appearing on either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner is the owner of the property in Survey No.99/2 situated at Thalavady Village, Sathyamangalam Taluk, Erode District. Petitioner made an application to the 2nd respondent on 11.01.2022 for surveying and fixing boundaries in the petitioner's land. However, till date no orders have been passed. Hence, this writ petition is filed with the above said prayer.

4. The learned counsel appearing for the petitioner submitted that, it would suffice, if this Court issues a direction to the respondents to consider the petitioner's representation dated 11.01.2022 and pass orders within the time frame that may be stipulated by this Court.

5. The learned Government Advocate appearing on behalf of the official respondents submitted that the petitioner's representation dated 11.01.2022 will be considered by the respondents within a reasonable time that may be fixed by this Court.

6. Without going into the merits of the case, the 2nd respondent is directed to consider the petitioner's representation dated 11.01.2022 and pass appropriate orders on merits and in accordance with law, after affording an opportunity to the aggrieved parties, if any, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS III) /True Copy// Sub Assistant Registrar Psa To

1. The District Collector, Collectorate,

2. The Tahsildhar,

3. The Town Surveyor, +1cc to Mr.K.Sasindran, Advocate, S.R.No.16959 +1cc to the Government Pleader, S.R.No.17815 W.P. No.5743 of 2022 MG[co] NSK 28/03/2022