Dhakshinamoorthi v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.11276 of 2022 Dhakshinamoorthi
...Petitioner
Vs.
1.
The District Collector, Collectorate, Ranipet District, Ranipet.
2.
The Thasildhar, Arakkonam Taluk, Arakkonam, Ranipet District.
3.
The Taluk Surveyor, Arakkonam Taluk, Arakkonam, Ranipet District.
4.
The Village Administrative Officer, Attupakkam Village, Nemeli Taluk, Ranipet District.
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 2 and 3 to survey the petitioner's lands situated in Old.S.F.No.248/24, New.S.No.226/part, to an extent of 792 Sq.Meter, situated in Attupakkam Village Account, Arakkonam Taluk, Ranipet District. For Petitioner : Mr.A.Gouthaman For Respondents : Mr.Yogesh Kannadasan, Spl.GP.
O R D E R
The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus to direct the 2nd and 3rd respondents to consider the petitioner's application dated 10.03.2022, survey the petitioner's property and fix boundary line for the same.
2. Learned Special Government Pleader takes notice on behalf of the respondents. In view of the consent expressed by the learned counsel on either side, this petition is taken up for final disposal.
3.The case of the petitioner is that, the property comprised in Old.S.No.248/24 New.S.F.No.226/Part, measuring an extent of 792 Sq.Meter, situated at Attupakkam Village Account, Arakkonam Taluk, Ranipet District belongs to the petitioner and the same was assigned in his favour by way of Assignment issued by the Government. Further, the Manaivari Thoyraya Patta inrespect of the above said property was also issued in favour of the petitioner in Patta.No.115 and he is in peaceful possession and enjoyment of the property. Whileso, the petitioner submitted an application dated 10.03.2022 before the 2nd respondent, requesting to survey and fix boundary line for the said property covered in Patta No.115 and also paid the necessary charges for the same. However, till date, no orders have been passed by the respondents on the said application.
Hence, this Writ petition. 4.Though very many grounds have been raised, learned counsel for the petitioner submitted that it would suffice, if this Court issues direction to the 2nd and 3rd respondents to consider the petitioner's application dated 10.03.2022, survey the petitioner's land and fix boundary line as expeditiously as possible.
5. Learned Special Government Pleader appearing on behalf of the respondents has no serious objection for said order being passed and he fairly conceded that the petitioner's application dated 10.03.2022 will be considered and appropriate orders will be passed within the time frame that may be fixed by this Court. 6.In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the 2nd and 3rd respondents to consider the petitioner's application dated 10.03.2022 on merits and pass appropriate orders in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
7.This writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar skt
To 1.
The District Collector, Collectorate, Ranipet District, Ranipet.
2.
The Thasildhar, Arakkonam Taluk, Arakkonam, Ranipet District.
3.
The Taluk Surveyor, Arakkonam Taluk, Arakkonam, Ranipet District.
4.
The Village Administrative Officer, Attupakkam Village, Nemeli Taluk, Ranipet District.
+1cc to Mr.A.Gouthaman, Advocate, S.R.No.32296 W.P.No.11276 of 2022 PL(CO) RGA(17/06/2022)