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Madras High CourtWP/13815/2016disposed of

Kaliyaperumal v. The District Collector

2016-04-15Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.13815 of 2016 Kaliyaperumal ... Petitioner vs.

1.The District Collector, Kancheepuram, Kancheepuram District.

2.The Tahsildar, Tambaram Taluk, Chennai-45.

... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the second respondent to take necessary action based on the petitioner's representation dated 10.7.2015 by measuring the petitioner's land and marking boundaries by the surveyor of the respondent department.

For Petitioner :

Mr.M.Balasubramanian For Respondents :

Mr.V.S.Ramesh, Govt. Advocate

ORDER

By consent, the main writ petition itself is taken up for final disposal.

2. The petitioner has come up with the present writ petition for a mandamus, directing the second respondent to take necessary action based on his representation dated 10.7.2015 by measuring his land and marking boundaries by the surveyor of the respondent department.

3. It is the case of the petitioner that he has purchased a property measuring to an extent of 44 1⁄2 cents from one Varadha Reddiar vide document No.3449 of 1989. He obtained patta bearing No.3497 for the entire extent of the said property from the revenue authority. Thereafter, he submitted a representation dated 9.6.2015 to the second respondent https://hcservices.ecourts.gov.in/hcservices/

requesting him to depute a Surveyor for measuring his land and marking the boundaries. Since no action was taken on the said representation, again he made a representation dated 10.7.2015 to the second respondent and the same was also not considered. Hence, left with no other alternative, the petitioner has come up with the present writ petition seeking a direction to the second respondent to take necessary action based on his representation dated 10.7.2015 by measuring his land and marking boundaries by the surveyor of the respondent department.

4. I have heard the learned counsel appearing for the petitioner and the learned Government Advocate, who has taken notice on behalf of the respondents.

5. Considering the facts and circumstances of the case, and considering the submissions made on either side, without going into the merits of the claim made by the petitioner, this Court directs the second respondent to consider the representation of the petitioner dated 10.7.2015, seeking to measure his land and mark the boundaries by the surveyor of his department, and pass appropriate orders / take appropriate action, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. sbi -s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar To 1.The District Collector, Kancheepuram, Kancheepuram District.

2.The Tahsildar, Tambaram Taluk, Chennai-45.

+ 1 cc to Govt.Pleader SR 23896 + 1 cc to Mr.M.Balasubramaniam, Advocate SR 23577 nrjk(co) prk20/4 W.P.No.13815 of 2016 https://hcservices.ecourts.gov.in/hcservices/