G.Muthuarasan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.04.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.NO.10285 OF 2022 G.Muthuarasan ... 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 Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to survey and fix the boundary stones for the lands comprised in S.No.302(4B), 302(7A) and 302(7C) situated at Korakkavadi Village, Tittakudi, Taluk, Cuddalore District, forthwith. For Petitioner :
Mr.T.Dharani For Respondents :
Mr.Yogesh Kannadasan Special Government Pleader
ORDER
This writ petition has been filed seeking for issuance of a writ of Mandamus to direct the respondents to survey and fix the boundary stones for petitioner's lands comprised in S.Nos.302(4B), 302(7A) and 302(7C) situated at Korakkavadi Village, Tittakudi, Taluk, Cuddalore District.
2. The case of the petitioner is that petitioner purchased the above said property situated in the said Village from one Abdulla S/o Jalalludeen and all revenue records were mutated in favour of the petitioner. In order to survey the above said lands, petitioner made an application / representation before the second respondent dated 05.08.2021, pursuant to which, the second respondent directed the petitioner to pay the prescribed fees and therefore the petitioner paid the necessary fees, but the second respondent did not consider the petitioner's representation, which led the petitioner to file the present Writ Petition seeking the aforesaid relief.
3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the respondents to survey the petitioner's land on considering the petitioner's representation dated 05.08.2021 and pass orders on merits within a particular time frame to be fixed by this Court.
4. The learned Special Government Pleader appearing for respondents has no objection for said order being passed.
5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.
6. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the respondents to consider the said representation of the petitioner dated 05.08.2021 and pass appropriate orders, on merits and in accordance with law after affording an opportunity of hearing to the petitioner as well as aggrieved persons if any, within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner and it is for the respondents to decide the same at the time of disposing of the said representation purely on merits.
7. With the above observations and direction, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar rap
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.29779 +1cc to the Government Pleader, S.R.No.30452 W.P.No.10285 of 2022 SR-II(CO) RLP(20/05/2022)