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Madras High CourtWP/8044/2022disposed of

A.K.Kanagamani v. The District Collector

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2022

CORAM

THE HONOURABLE Mr. JUSTICE M.DHANDAPANI W.P.No.8044 of 2022 A.K.Kanagamani ... Petitioner Vs

1. The District Collector, Coimbatore District, Coimbatore.

2. The Tahsildar, Pollachi Taluk, Pollachi, Coimbatore District.

3. The Head Surveyor, Taluk Office, Pollachi Taluk, Pollachi, Coimbatore District.

... Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 2 and 3 to survey the land, fix the boundaries with survey stones in respect of the land measuring an extent of five acres, comprised in Survey Nos.582/1B30, 582/1B31, 582/1B36, 582/1B37 and 582/1B38 of Puravipalayam Village, Pollachi Taluk, Coimbatore District within the time to be stipulated by this Hon'ble Court based on the representation dated 11.11.2021.

For Petitioner : Mr.R.Bharath Kumar For Respondents : Mr.R.Vigneswaran Government Advocate

ORDER

This writ petition has been filed to issue a Writ of Mandamus, directing the respondents 2 and 3 to survey the land, fix the boundaries with survey stones in respect of the land measuring an extent of five acres, comprised in Survey Nos.582/1B30, 582/1B31, 582/1B36, 582/1B37 and 582/1B38 of

Puravipalayam Village, Pollachi Taluk, Coimbatore District within the time to be stipulated by this Hon'ble Court based on the representation dated 11.11.2021.

2.

Mr.R.Vigneswaran, learned Government Advocate 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 for either side, this petition is taken up for final disposal.

3.

The case of the petitioner is that, the petitioner is the owner of the land measuring an extent of five acres, comprised in Survey Nos.582/1B30, 582/1B31, 582/1B36, 582/1B37 and 582/1B38 of Puravipalayam Village, Pollachi Taluk, Coimbatore District. The petitioner made a representation dated 11.11.2021, to survey the subject properties and also paid the requisite fees. 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 representation for surveying the disputed properties 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 representation dated 11.11.2021, to survey the properties and after affording an opportunity of hearing to the petitioner and aggrieved parties, if any 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-II) //True Copy// Sub Assistant Registrar mn

To

1. The District Collector, Coimbatore District, Coimbatore.

2. The Tahsildar, Pollachi Taluk, Pollachi, Coimbatore District.

3. The Head Surveyor, Taluk Office, Pollachi Taluk, Pollachi, Coimbatore District.

+1cc to Mr.R.Bharath Kumar, Advocate, S.R.No.23129 +1cc to the Special Government Pleader, S.R.No.23413 W.P.No.8044 of 2022 SKM(CO) SB(18/04/2022)