Madras High CourtWP/10476/2020disposed of

P.Arjunan v. The District Collector

2020-08-13Honourable Mr Justice N. Anand Venkatesh2 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED :13.08.2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.10476 of 2020 P.Arujunan ..Petitioner vs 1.The District Collector Dharmapuri District, Dharmapuri.

2.The Tahsildar, Palacode Taluk, Dharmapuri District.

3.The Taluk Surveyor, Palacode Taluk, Dharmapuri District.

..Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to measure the petitioner's property in S.NO.75/1B, 75/IF, 75/1J1, 75/1J of M.Chetihalli Village, Palacode Taluk, Dharmapuri District and mark the boundaries thereon based on the petitioner's application dated 06.07.2020. For Petitioner : Mr.Venkatesan Murthy For Respondents : Mr.E.Balamurugan Special Government Pleader

O R D E R

The Writ Petition has been filed for issuance of Writ of Mandamus directing the respondents 2 and 3 to conduct a survey in the subject property and lay boundary stones based on the application submitted by the petitioner on 06.07.2020.

2. The case of the petitioner is that he is the owner of the subject property and Patta had also been issued by the 2nd respondent. The petitioner wanted to fence his property and therefore, he requested the respondents 2 and 3 to survey the property and mark the boundary. Further claim of the petitioner is that he also paid necessary fee for conducting the survey. Since the survey was not conducted, the petitioner also submitted a representation to the respondents on 06.07.2020. Since there was no response from the respondents, the present Writ Petition is filed seeking for appropriate direction. https://hcservices.ecourts.gov.in/hcservices/

3. Heard Mr.Venkatesan Murthy, learned counsel appearing for the petitioner and Mr.E.Balamurugan, learned Special Government Pleader who accepts notice on behalf of therespondent.

4. Taking into consideration the facts and circumstances of the case and limited relief sought for by the petitioner, there shall be a direction to the 2nd respondent to consider the application submitted by the petitioner on 06.07.2020, strictly in accordance with law. The petitioner is directed to submit all the relevant documents to the 2nd respondent to enable the 2nd respondent to take a decision with regard to conducting of survey. The 2nd respondent shall consider the application within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the 2nd respondent along with the copy of the application dated 06.07.2020 and all other relevant documents and also a copy of this order.

5. The Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sk To 1.The District Collector Dharmapuri District, Dharmapuri.

2.The Tahsildar, Palacode Taluk, Dharmapuri District.

3.The Taluk Surveyor, Palacode Taluk, Dharmapuri District.

W.P.No.10476 of 2020 A.SK(06/10/2020) https://hcservices.ecourts.gov.in/hcservices/