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Madras High CourtWP/6245/2022disposed of

Mr.R.Ruckmani, v. The District Collector,

2022-03-18Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.6245 of 2022 R.Rukmani ... Petitioner vs.

1. The District Collector, Chengalpet District, GST Road, Chengalpet - 603 001.

2. The Tahsildar, Vandalur Taluk, Chengalpet District VOC Nagar, Chengalpet - 603 001.

3. The Surveyor, Vandalur Taluk, Chengalpet District, Land Records/P.A. To Collector (Survey) District Survey Office, Collectorate Campus, Chengalpattu ... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents more particularly the 2nd respondent to survey the petitioner's land measuring an extent of 27 cents of land comprised in Paimash No.244/2 to 4 at present S.No.86/1 and 86/2 situated at Thalumbur Village, Vandalur Taluk, Chengalpet District, on the application dated 20.01.2022 as per the (Tamil Nadu) Surveys and Boundaries Act, 1923.

For Petitioner : Mr.E.Ezhil Caroline For Respondents: Mr.M.Murali Government Advocate

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the 2nd respondent to survey the petitioner's land measuring an extent of 27 cents of land comprised in Paimash No.244/2 to 4 at present S.No.86/1 and 86/2 situated at Thalumbur Village, Vandalur Taluk, Chengalpet District, on the application dated 20.01.2022 as per the (Tamil Nadu) Surveys and Boundaries Act, 1923.

2. The case of the petitioner is that the petitioner purchased the above said land situated in the said Village of an extent of 27 cents from one C.E.Sathyanarayan Reddi vide Sale deed dated 25.11.1990 at Sub Registrar Office, Thiruporur. Thereafter, the said land was resurveyed and renumbered as 86/1 and 86/2. While that being so, the petitioner made an application to the 2nd respondent on 20.01.2022 to survey the above said land. Since no action has been taken by the 2nd respondent, the petitioner has come up with the present Writ Petition seeking the aforesaid relief.

3. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the 2ndrespondent to consider the petitioner's representation dated 20.01.2022 and pass orders on merits within a particular time frame that may be fixed by this Court.

4. The learned Government Advocate for respondents has no objection for said order being passed.

5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the 2nd respondent to consider the petitioner's representation dated 20.01.2022 and pass appropriate orders on merits and in accordance with law, after affording opportunity of hearing to the petitioner and aggrieved persons if any within a period of twelve weeks from the date of receipt of a copy of this order.

7. This writ petition is accordingly disposed of. No costs.

Sd/- Assistant Registrar(CS-IX) // True Copy // Sub Assistant Registrar rap/sk To

1. The District Collector, Chengalpet District, GST Road, Chengalpet - 603 001.

2. The Tahsildar, Vandalur Taluk, Chengalpet District VOC Nagar, Chengalpet - 603 001.

3. The Surveyor, Vandalur Taluk, Chengalpet District, Land Records/P.A. To Collector (Survey) District Survey Office, Collectorate Campus, Chengalpattu.

+1cc to the Government Pleader, SR.No.18821 W.P.No.6245 of 2022 BP(CO) CB(20/04/2022)