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Madras High CourtWP/1596/2017disposed of

A.Ilavarasu, v. The District Collector,

2017-01-23Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2017

CORAM:

THE HONOURABLE MR. JUSTICE B.RAJENDRAN WRIT PETITION No.1596 of 2017 A.Ilavarasu ... Petitioner vs.

1.

The District Collector, Erode District, Erode.

2.

The Tahsildar, Tahsildar Office, Sathiyamangalam - 638 402.

3.

The Assistant Director, District Land Survey Office, Collectorate, Erode.

The Special Tahsildar, Town and Country Planning, Sathiyamangalam.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents to consider the petitioner's representation dated 29.11.2016.

For Petitioner :

Mr.G.Pavendhan For Respondents :

Mr.P.V.Selvakumar, Additional Government Pleader

O R D E R

The petitioner has come up with this Writ Petition seeking a direction to the respondents to consider his representation dated 29.11.2016.

2.

According to the petitioner, in the eastern part of his agricultural land in Old Survey No.394/1A, there is feed (odai) in the direction of southern north (thenvadal) and while sub-

dividing the said land, the 3rd respondent had wrongly measured from the starting point of his land across the feed in the eastern side of his land located at 5/5 A junction in the field map. The measurement of the old and new sub-division is wrongly mentioned as 14.2 meters, which the petitioner came to know only after the Surveyor surveyed his land on 19.11.2016. 3.

The case of the petitioner is that the respondents did not give any notice to him in this regard and hence, he made a representation to the respondents on 29.11.2016 requesting the respondents to rectify the measurement differences in the old and new survey of the Town and Country Planning Authority. Thereafter, the 3rd respondent directed the 2nd respondent to take appropriate action on the petitioner's representation. Since no action is taken so far, the petitioner has come up with the present Writ Petition.

Heard the learned counsel for the parties and perused the material documents available on record.

5.

Considering the facts and circumstances of the case, this Court directs the respondents to consider the petitioner's representation dated 29.11.2016 on merits and in accordance with law and pass appropriate orders, as expeditiously as possible. The Writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar aeb To:

1.

The District Collector, Erode District, Erode.

2.

The Tahsildar, Tahsildar Office, Sathiyamangalam - 638 402.

3.

The Assistant Director, District Land Survey Office, Collectorate, Erode.

The Special Tahsildar, Town and Country Planning, Sathiyamangalam.

+1cc to Mr.G. Pavendhan, Advocate, S.R.No.4636 +1cc to the Government Pleader, S.R.No.4349 ksj(CO) md(10/02/2017) W.P.No.1596 of 2017