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Madras High CourtWP/10443/2022disposed of

P.Kannan v. The District Collector

2022-04-28Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.10443 OF 2022 P.Kannan ... Petitioner .Vs.

1. The District Collector, Kallakurichi District.

2. The Tahsildar, Ulundurpet, Kallakurichi District.

3. The Head Surveyor, Ulundurpet, Kallakurichi District.

... 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 herein to survey, measure and demarcate the petitioner's land situated in Survey No.374/1A1B U-Keeranur Village, Ulundurpet Taluk, Kallakurichi District (erstwhile Villupuram District) bearing Revenue Patta No.1817 within a time-frame as deem fit and proper by this Hon'ble Court. For Petitioner :

Mr.G.Bala For Respondents :

Mr.V.Veluchamy Additional Government Pleader

ORDER

This writ petition has been filed to issue a Writ of Mandamus, directing the second respondent herein to survey, measure and demarcate the petitioner's land situated in Survey No.374/1A1B U-Keeranur Village, Ulundurpet Taluk, Kallakurichi District (erstwhile Villupuram District) bearing Revenue Patta No.1817 within a time-frame as deem fit and proper by this Court.

2. Mr.V.Veluchamy, 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 land comprised in Survey No.374/1A1B situated at UKeeranur Village, Ulundurpet Taluk, Kallakurichi District (erstwhile Villupuram District). The petitioner made a representation to the second respondent, dated 13.04.2022, to survey the subject property. The petitioner had also paid the requisite fees to survey 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 consider the petitioner's representation, dated 13.04.2022, to survey the disputed property, within a particular time frame as may be 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 13.04.2022 and after affording an opportunity of hearing to the petitioner and aggrieved parties, if any and pass orders on merits and in accordance with law, to survey the subject property, 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 IV) //True Copy// Sub Assistant Registrar mn

To 1.

The District Collector, Kallakurichi District.

2.

The Tahsildar, Ulundurpet, Kallakurichi District.

3.

The Head Surveyor, Ulunderpet, Kallakurichi District.

+1cc to M/s.G.Bala & Daisy, Advocate, S.R.No.29427 +1cc to the Government Pleader, S.R.No.30958 W.P.NO.10443 OF 2022 SKM(CO) PBS/17/05/2022