V.Thayumanavan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.04.2022
CORAM
THE HONOURABLE Mr. JUSTICE M.DHANDAPANI W.P.No.8662 of 2022 V.Thayumanavan
...Petitioner
Vs
1. The District Collector, Thiruvarur District.
2. The Tahsildar, Thiruthuraipoondi Taluk, Thiruvarur District.
3. The Assistant Director, Survey and Land Records Department, Thiruvarur District.
4. The Taluk Sub-Inspector of Survey, Thiruthuraipoondi Taluk, Thiruvarur 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 herein to survey and fix the boundaries of the petitioner's land situated in Edaiyur Village, Thiruthuripoondi Taluk, Thiruvarur District, comprised in Survey No.311/2A in an extent of 550 square meter, patta number 530 by considering the petitioner's representation dated 04.08.2021 and his legal notice dated 01.11.2021.
For Petitioner : Mr.S.Senthil For Respondents : Mr.Yogesh Kannadasan Special Government Pleader
ORDER
This writ petition has been filed to issue a Writ of Mandamus, directing the respondents herein to survey and fix the boundaries of the petitioner's land situated in Edaiyur Village, Thiruthuripoondi Taluk, Thiruvarur District, comprised in Survey
No.311/2A in an extent of 550 square meter, patta number 530 by considering the petitioner's representation dated 04.08.2021 and his legal notice dated 01.11.2021.
2.
Mr.Yogesh Kannadasan, learned Special Government Pleader 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.311/2A in an extent of 550 square meter, in Patta Number 530, situated at Thiruthuripoondi Taluk, Thiruvarur District. The petitioner made a representation before the respondents on 04.08.2021 and also paid the requisite fees to survey the subject property. The petitioner also issued a legal notice dated 01.11.2021 to the respondents 1 and 2. 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 04.08.2021, 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 VI) //True Copy// Sub Assistant Registrar
mn To
1. The District Collector, Thiruvarur District.
2. The Tahsildar, Thiruthuraipoondi Taluk, Thiruvarur District.
3. The Assistant Director, Survey and Land Records Department, Thiruvarur District.
4. The Taluk Sub-Inspector of Survey, Thiruthuraipoondi Taluk, Thiruvarur District.
+1cc to Mr.S.Senthil, Advocate, S.R.No.24875 +1cc to the Government Pleader, S.R.No.25104 W.P.No.8662 of 2022 MT[co] NSK 21/04/2022