Madras High CourtWP/7782/2019disposed of

Philadelphiya Full Gospal Social Service Firm v. The District Collector

2019-03-19Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.03.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.7782 of 2019 Philadelphiya full Gospel Social Service Firm Rep. by its General Secretary J.Raja - Steephan 4/4, V.Nagar, Rasipuram Taluk, Namakkal District.

...Petitioner

Vs.

1.The District Collector Collectorate 2.The Tahsildar Taluk Office Kothagiri Taluk, Nilgiris District.

3.The Head Surveyor Taluk Office Kothagiri Taluk

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd and 3rd respondents herein to consider the petitioner's representation dated 3.12.2018 and reminder representation dated 21.02.2019 to measure the boundaries the property bearing S.Nos.1258/1, 1229/1, 1229/2, 1229/3, 1229/4, 72/1, 77, 79/1, 79/2, 79/3, 80/1, 80/2, 80/3, 72/2, 72/3, 72/4, 72/5, 72/6, 72/7, 72/8, 72/9, 72/10, 72/11, 72/12 admeasuring 28.71 acres of land, which is situated at Kothagiri and Nadumkulam Village, Kothagiri Taluk, Nilgiris District belongs to the petitioner's firm as per the Revenue records belongs to the petitioner and his parents.

For Petitioner :

Mr.A.Rajakumar For Respondents :

Mr.V.Prabhu Government Advocate

O R D E R

Mr.V.Prabhu, learned Government Advocate takes notice for the respondents. By consent of the parties, the writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner-Firm seek for a mandamus directing the respondents 2 & 3 to consider their representation dated 3.12.2018 followed by the reminder dated 21.02.2019, wherein and whereby, they sought for measuring the boundaries of the properties bearing S.Nos.1258/1, 1229/1, 1229/2, 1229/3, 1229/4, 72/1, 77, 79/1, 79/2, 79/3, 80/1, 80/2, 80/3, 72/2, 72/3, 72/4, 72/5, 72/6, 72/7, 72/8, 72/9, 72/10, 72/11, 72/12 admeasuring 28.71 acres of land, which is situated at Kothagiri and Nadumkulam Village, Kothagiri Taluk, Nilgiris District.

3. Heard both sides.

4. The grievance of the petitioner-Firm is that the said request has not been considered by the respondents so far.

5. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the respondents 2 & 3 to consider and decide the same on merits and in accordance with law. Accordingly, this writ petition is disposed of, only by directing the respondents 2 & 3 to consider the representation dated 3.12.2018, followed by the reminder dated 21.02.2019 and pass orders on the same on merits and in accordance with law, after hearing the petitioner and other interested parties, if any. Such exercise shall be done by the respondents 2 & 3 within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar //True copy// Sub Assistant Registrar mk To 1.The District Collector Collectorate

2.The Tahsildar Taluk Office Kothagiri Taluk, Nilgiris District.

3.The Head Surveyor Taluk Office Kothagiri Taluk +1cc to Mr.A.Rajakumar, Advocate SR.No.25505 W.P.No.7782 of 2019 AK(CO) GMY(20/03/2019)