P.Palanisamy v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.06.2020

CORAM:

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH W.P.No.7260 of 2020 P.Palanisamy

...Petitioner

-Vs1. The District Collector, Erode District, Erode.

2. The Revenue Divisional Officer, Gobichettipalayam, Erode District.

3. The Tahsildar, Sathyamangalam Taluk, Sathyamangalam, Erode District.

4. The Taluk Head Surveyor, Sathyamangalam Taluk, Sathyamangalam, Erode District.

....Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to take action to dispose of the petitioner's representation dated 20.09.2019, 23.09.2019 and 25.11.2019 submitted with regard to survey the petitioner's land by meets and bounds, to an extent of Acre 3.69 cents, vide PattaNo.2063,comprised in Old Survey No.1762 /2, New Survey No.1442/3, in Kuthiyalathur Village, Sathyamangalam Taluk, Erode District, by making proper sub-division.

For Petitioner : Mr.V.Logeswaran For Respondents : Mr.S.N.Parthasarathi Government Advocate

O R D E R

This writ petition has been filed seeking for the issue of writ of mandamus directing the respondents to consider the representation made by the petitioner, wherein the petitioner is seeking for measuring his property by metes and

bounds and to fix the boundary stones.

2.

The case of the petitioner is that the subject property is an agricultural land which was purchased by him through registered Sale Deed dated 04.07.2016. The further case of the petitioner is that he gave a representation as early as on 30.05.2017 to the respondents 3 and 4, requesting them to conduct the survey by metes and bounds. The petitioner also undertook to pay the necessary charges. Since there was no response, the petitioner has also made subsequent representations. None of these representations evoked any response and hence, the petitioner was constrained to move the above writ petition seeking for appropriate directions. 3.

Heard Mr.V.Logeswaran, learned counsel for the petitioner and Mr.S.N.Parthasarathi, learned Government Advocate for respondents.

4.

The petitioner has specifically taken a stand and sworn to in the affidavit that there is absolutely no 3rd party claim in the subject property. In view of the specific stand taken by the petitioner and considering the limited relief sought for by the petitioner, there shall be a direction to the respondents 3 and 4 to consider the representation made by the petitioner on 23.09.2019 and 25.11.2019 and issue appropriate notice both to the petitioner and to any other interested parties, if any, and take appropriate action strictly in accordance with law, within a period of twelve weeks from the date of receipt of copy of this order. It goes without saying that the petitioner has to pay the necessary charges for the survey before the respondents 4 and 5 act upon the representation made by the petitioner.

5.

This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rka To

1. The District Collector, Erode District, Erode.

2. The Revenue Divisional Officer, Gobichettipalayam, Erode District.

3. The Tahsildar, Sathyamangalam Taluk, Sathyamangalam, Erode District.

4. The Taluk Head Surveyor, Sathyamangalam Taluk, Sathyamangalam, Erode District.

W.P.No.7260 of 2020 VSN II (Complainant) KKV/13/07/2020