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Madras High CourtWP/7856/2022disposed of

Sundarambal v. The District Collector

2022-04-01Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2022

CORAM

THE HONOURABLE Mr. JUSTICE M.DHANDAPANI WP.No.7856 of 2022 Sundarambal ... Petitioner Vs

1. The District Collector, Collectorate, Salem.

2. The Tahsildar,

3. The Head Surveyor, ... Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 15.11.2021 and reminder representation dated 14.03.2022 to measure the boundaries and fix boundary stones bearing S.No.24/3 totally admeasure 5 cents of land which is situated in Siragapadi Village, Salem District belongs to the petitioner as per revenue records.

For Petitioner : Mr.A. Rajakumar For Respondents : Mr.V.Veluchamy Additional Advocate General

ORDER

This writ petition has been filed to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 15.11.2021 and reminder representation dated 14.03.2022 to measure the boundaries and fix boundary stones bearing S.No.24/3 totally admeasure 5 cents of land which is situated in Siragapadi Village, Salem District belongs to the petitioner as per revenue records.

2. Mr.V.Veluchamy, learned Additional Advocate General takes notice for the respondents. In view of the limited relief sought for in this petition, on the consent expressed by the

Learned counsel appearing on either side, taken up for final disposal.

3. The case of the petitioner is that, the petitioner is the owner of the property, comprised in S.No.24/3, measuring 5 cents situated at Siragapadi Village, Salem District. The petitioner made an application to survey the above said property before the second respondent. However, till date no order has been passed on the same. Hence, this present petition is filed.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the second respondent to consider the petitioner's application for surveying the property and pass orders on the same within a particular time frame fixed by this Court.

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

6. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, directs the second respondent to consider the petitioner's application dated 15.11.2021 and reminder dated 14.03.2022 to survey the property, after affording an opportunity of hearing to the petitioner and aggrieved persons if, and pass appropriate orders on merits and in accordance with law, 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 order as to costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar Lpp/jd To

1. The District Collector, Collectorate, Salem.

2. The Tahsildar,

3. The Head Surveyor, WP.No.7856 of 2022 SKM(CO) CT 26/04/2022