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Madras High CourtWP/15840/2017disposed of

Chinnasamy v. The District Collector

2017-06-23Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.15840 of 2017 Chinnasamy ... Petitioner Vs.

1. The District Collector, Dharmapuri District.

2. The Tahsildar, Nallampalli Taluk Office, Dharmapuri District ... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the 2nd respondent to consider the petitioner's representation dated 06.06.2016 and pass orders for measuring the house site and fix the boundaries for the house site alloted to the petitioner vide HSD/5/98-99-1407 dated 25.04.1998 in Survey No.70/47 of Earapaiyanahalli Village, Nallapalli Taluk, Dharmapuri District within the time.

For Petitioner : Mr.R. Bharath Kumar For Respondents : Mr.R.S. Selvam, Government Advocate.

O R D E R

The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the 2nd respondent to consider the petitioner's representation dated 06.06.2016 and pass orders for measuring the house site and fix the boundaries for the house site alloted to the petitioner vide order dated 25.04.1998 in respect of Survey No.70/47 of Earapaiyanahalli Village, Nallapalli Taluk, Dharmapuri District within a time frame. 2.The learned counsel appearing for the petitioner submitted that inspite of the petitioner's representation dated 06.06.2016 for measuring house site and fixing the boundaries, the 2nd respondent has not passed any orders so far.

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3.Mr.R.S.Selvam, learned Government Advocate taking notice for the respondents submitted that the 2nd respondent may be directed to consider the petitioner's representation in accordance with law, after issuing notice to other interested parties and on payment of necessary charges.

4.Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for in the Writ Petition, without expressing any opinion with regard to the merits of the case, I direct the petitioner to produce all the original records before the 2nd respondent for consideration and the 2nd respondent is directed to consider the petitioner's representation dated 06.06.2016 for measuring the house site and fixing boundaries and also the documents produced by the petitioner, on payment of necessary charges, after giving notice to all the interested parties, within a period of six weeks from the date of receipt of a copy of this order.

5.With these observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To

1. The District Collector, Dharmapuri District.

2. The Tahsildar, Nallampalli Taluk Office, Dharmapuri District.

+1cc to Government Pleader SR.No.44215 +1cc to Mr.R.Bharath Kumar, Advocate SR.No.44897 W.P.No.15840 of 2017 GN(03/07/2017) https://hcservices.ecourts.gov.in/hcservices/