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Madras High CourtWP/9535/2022disposed of

M.Sakthivel v. The District Collector

2022-04-20Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.9535 OF 2022 M.Sakthivel ... Petitioner .Vs.

1. The District Collector, Cuddalore District.

2. The Tahsildar, Tittakudi Taluk, Tittakudi, Cuddalore District.

3. The Head Surveyor, Tahsildar Office, Tittakudi, Tittakudi Taluk, Cuddalore 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 to survey and fix the boundary stones for the lands comprised in S.No.302(3B), 302(6B), 302(7B2), 302(7D2) and 302 (8B) situated at Korakkavadi Village, Tittakudi Taluk, Cuddalore District, forthwith.

For Petitioner :

Mr.T.Dharani For Respondents :

Mr.P.Sathish Additional Government Pleader

ORDER

This writ petition has been filed to issue a Writ of Mandamus, directing the respondents to survey and fix the boundary stones for the lands comprised in S.No.302(3B), 302 (6B), 302(7B2), 302(7D2) and 302(8B) situated at Korakkavadi Village, Tittakudi Taluk, Cuddalore District, forthwith.

2. Mr.P.Sathish, learned Additional 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 S.No.302(3B), 302(6B), 302 (7B2), 302(7D2) and 302(8B) situated at Korakkavadi Village, Tittakudi Taluk, Cuddalore District. The petitioner filed an application to survey his property on 05.08.2021 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 Additional Government Pleader 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 05.08.2021 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(CO) //True Copy// Sub Assistant Registrar mn

To 1.

The District Collector, Cuddalore District.

2.

The Tahsildar, Tittakudi Taluk, Tittakudi, Cuddalore District.

3.

The Head Surveyor, Tahsildar Office, Tittakudi, Tittakudi Taluk, Cuddalore District.

+1cc to Mr.T.Dharani, Advocate, S.R.No.27109 +1cc to the Government Pleader, S.R.No.27166 W.P.NO.9535 OF 2022 GPL(CO) PBS/02/05/2022