T.K.Mani v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2022
CORAM
THE HONOURABLE Mr. JUSTICE M.DHANDAPANI W.P.No.9894 of 2022 T.K.Mani
...Petitioner
Vs
1. The District Collector, Collectorate Office, Hosur Road / State Bank Road, Coimbatore - 18.
2. The Tahsildar, Taluk Office, Sulur Taluk, Sulur, Coimbatore.
3. T.A.Balasubramaniam
...Respondents
Prayer:- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to visit the petitioner's property at Sulur Taluk, Kaniyur Village in SF.No.241/3A situated in Kaniyur Panchayat Board to measure them and demarcate the property and to submit a report of inspection. For Petitioner : Mr.P.Ravi Shankar Rao For R1 and R2 : Mr.R.Vigneswaran Government Advocate
ORDER
This writ petition has been filed to issue a Writ of Mandamus, directing the second respondent to visit the petitioner's property at Sulur Taluk, Kaniyur Village in SF.No.241/3A situated in Kaniyur Panchayat Board to measure them and demarcate the property and to submit a report of inspection. 2.
Mr.R.Vigneswaran, learned Government Advocate takes notice for the respondents 1 and 2. In view of the limited
relief sought for in this petition, on the consent expressed by the Learned counsel appearing for either side, taken up for final disposal. Since, no adverse order is passed against the third respondent, notice on third respondent is dispensed with. 3.
The case of the petitioner is that, the petitioner is the owner of the property at Sulur Taluk, Kaniyur Village in SF.No.241/3A situated in Kaniyur Panchayat Board. The petitioner sent a legal notice dated 20.03.2022 to the second respondent, to survey and demarcate the subject 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 survey and demarcate the property, 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 pass orders to survey the property and after affording an opportunity of hearing to the petitioner and the third respondent and aggrieved parties, 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 IX) //True Copy// Sub Assistant Registrar mn To
1. The District Collector, Collectorate Office, Hosur Road / State Bank Road, Coimbatore - 18.
2. The Tahsildar, Taluk Office, Sulur Taluk, Sulur, Coimbatore.
+1cc to Mr.P.Ravi Shankar Rao, Advocate, S.R.No.28245 +1cc to the Government Pleader, Sr.No.28010(10/05/2022) WP.No.9894 of 2022 VBM[co] NSK 04/05/2022