Periyasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.04.2022

CORAM

THE HONOURABLE Mr. JUSTICE M.DHANDAPANI W.P.No.8452 of 2022 Periyasamy

...Petitioner

Vs

1. The District Collector, District Headquarters,

2. The Tashildhar, Kallakurichi Taluk,

3. The Head Surveyor, Kallakurichi Taluk,

...Respondents

Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to survey the land of the petitioner subject to Survey No.91/4C measuring an extent of 0.04.0 Ares situated in Kallakurichi Village and District. For Petitioner : Mr.R.Raj Prasanna For Respondents : Mr.R.P.Murugan Raja Government Advocate

ORDER

This writ petition has been filed to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to survey the land of the petitioner subject to Survey No.91/4C measuring an extent of 0.04.0 Ares situated in Kallakurichi Village and District.

2.

Mr.R.P.Murugan Raja, 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 property comprised in Survey No.91/4C measuring an extent of 0.04.0 Ares situated in Kallakurichi Village and District. The petitioner filed an application to survey his property on 16.02.2022 and also paid the requisite fees to survey his property. 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 16.02.2022 and after affording an opportunity of hearing to the petitioner and aggrieved parties, if any and pass appropriate orders to survey his property 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 IV) True Copy// Sub Assistant Registrar mn To

1. The District Collector, District Headquarters,

2. The Tashildhar, Kallakurichi Taluk,

3. The Head Surveyor, Kallakurichi Taluk, +1cc to Mr.R.Raj Prasanna, Advocate, S.R.No.24169 +1cc to the Government Pleader, S.R.No.24142 WP.No.8452 of 2022 GPL[co] NSK 21/04/2022