N.Kulasekaran, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.08.2017
CORAM
The Honourable MR. JUSTICE M.DURAISWAMY W.P.No.21991 of 2017 N.Kulasekaran [ Petitioner ] Vs
1. The District Collector Kancheepuram District.
2. The Revenue Divisional Officer, Kancheepuram Division, Collectorate Campus, Kancheepuram District.
3. The Tahsildar, Kancheepuram Taluk, Kancheepuram.
4. The Municipal Commissioner, Kancheepuram Municipality, Kancheepuram.
5. The Town Surveyor, Kancheepuram Municipality, Kancheepuram.
[ Respondents] Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the 2nd and 3rd respondents to consider the petitioner's representation dated 16.03.2017 regarding to depute the 5th respondent to demarcate the boundaries of the land in Old Survey No.328 (New Survey No.329/1) bearing Door No.9 A/25, Pandava Thoodha Perumal Koil Street, Kancheepuram Town, in his presence and make correct entries in the Municipal Records and patta relating to New Survey No.329/1 with regard to correct measurement, after giving an opportunity of hearing to the petitioner within a stipulated time. For Petitioner : Mr.J.Muthukumaran For Respondents : Mr.S.N.Parthasarathi, GA (R1 to 3 &5) Mr.G.B.Rajesh, SC (R4)
ORDER
Mr.S.N.Parthasarathi, learned Government Advocate takes notice for the respondents 1 to 3 and 5 and Mr.G.B.Rajesh, learned Standing counsel takes notice for the 4th respondent. By consent, the main writ petition is taken up for disposal at the admission stage itself.
2. The petitioner has filed the above writ petition to issue a writs of mandamus directing the respondents 2 and 3 to consider his representation dated 16.03.2017 and to depute the 5th respondent to demarcate the boundaries of the land in Old Survey No.328 (New Survey No.329/1) bearing Door No.9 A/25, Pandava Thoodha Perumal Koil Street, Kancheepuram Town, in his presence and make correct entries in the Municipal Records and patta relating to New Survey No.329/1 with regard to correct measurement, after giving an opportunity of hearing to him, within a time frame.
3. The learned counsel appearing for the petitioner submitted that in spite of the petitioner's representation dated 16.03.2017 to resurvey the land, the respondents 3 and 5 have not passed any order so far. The learned counsel also submitted that the petitioner has already paid the necessary fee for resurveying the land.
4. Mr.S.N.Parthasarthi, learned Government Advocate appearing for the respondents 1 to 3 and 5 submitted that the respondents 3 and 5 may be directed to consider and pass orders on the petitioner's representation
dated 16.03.2017 to resurvey the land, in accordance with law, within a time frame, after giving notice to all the interested parties..
5. Having regard to the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the case, I direct the respondents 3 and 5 to consider the petitioner's representation dated 16.03.2017 for resurveying the land and pass orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after giving notice to all the interested parties. With this observation, the writ petition is disposed of. No costs. 18.08.2017 rg To
1. The District Collector Kancheepuram District.
2. The Revenue Divisional Officer, Kancheepuram Division, Collectorate Campus, Kancheepuram District.
3. The Tahsildar, Kancheepuram Taluk, Kancheepuram.
4. The Municipal Commissioner, Kancheepuram Municipality, Kancheepuram.
5. The Town Surveyor, Kancheepuram Municipality, Kancheepuram.
M. DURAISWAMY,J.
rg W.P.No.21991 of 2017 18.08.2017