Madras High CourtWP/10323/2020disposed of

G.Anthony v. The District Collector

2020-09-16Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.09.2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH WP No.10323 of 2020 and WMP No.12541 of 2020 G.Anthony ..Petitioner Vs.

1. The District Collector, District Collector Office, Kallakurichi Town and Taluk.

2. The Sub Collector, Revenue Division Office, Kallakurichi Town and Taluk.

3. The Tahsildar, Tahsildar Office, Sankarapuram Town and Taluk.

4. The Taluk Land Surveyor, Rishivandhiyam Firka, Tahsildar Office, Sankarapuram Town and Taluk.

5. The Village Administrative Officer, Village Administrative Office, Maiyanur Village.

6. Velayudham

7. Adaikalam

8. Susairaj ..Respondents Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 5 to measure the land comprised in S.No.109/2A1 situate in Maiyanur Village, Sankarapuram Taluk, Villupuram District by fixing the boundaries, on the basis of the petitioner's representation dated 06.03.2020. For Petitioner : Mr. P.Valliappan For Respondent : Mr.S.N.Parthasarathy Government Advocate

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to act upon the

representation made by the petitioner on 06.03.2020 and to conduct the survey in the subject property and fix the boundaries.

The case of the petitioner is that he became the owner of a larger extent of property measuring 1.14 acres by virtue of a registered Sale Deed dated 01.02.1973. Insofar as the present writ petition is concerned, it confines itself to an extent of only 18 cents, which is the subject matter of dispute. 3.

The grievance of the petitioner is that respondents 6 to 8 who do not have any right over the subject property were attempting to interfere with the possession and enjoyment of the property. Therefore, the petitioner made a representation on 06.03.2020 seeking for conducting a survey in the subject property and to fix the boundaries. Since the same was not acted upon, the present writ petition has been filed before this Court seeking for appropriate directions.

Heard the submissions of the learned counsel appearing for the petitioner and Mr.S.N.Parthasarathy, learned special Government Pleader appearing for the respondents 1 to 5. 5.

The respondents 6 to 8 have been served with notice and they do not appear either in person or through counsel. Their names are also printed in the cause-list.

Taking into consideration the facts and circumstances of the case and limited relief sought for in this writ petition, there shall be a direction to the 3rd respondent to act upon the representation made by the petitioner on 06.03.2020, strictly in accordance with law and take a decision within a period of four weeks from the date of receipt of copy of this order. The 3rd respondent shall conduct the survey based on the title documents of the petitioner and the respondents 6 to 8. The petitioner is directed to make a fresh representation to the 3rd respondent along with copy of the representation dated 06.03.2020 accompanied by all the relevant documents and also a copy of this order.

This writ petition is disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar

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