Madras High CourtWP/11838/2020disposed of

M.Karthikayan v. The District Collector

2020-09-07Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.09.2020

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH WP.No.11838/2020 M.Karthikeyan ..

Petitioner

Versus

1.The District Collector Collectorate, Salem District.

2.The Tahsildar, Taluk Office, Salem South Taluk Salem District.

3.The Head Surveyor Salem South Taluk Salem District.

Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 2nd and 3rd respondents herein to consider the petitioner representation dated 14.02.2020 and reminder representation dated 08.06.2020 to measure the boundaries bearing S.Nos.119/5, 120/3 & 120/6 totally admeasure 45 cents of agricultural land which is situated in Nallariyampattai Village, Salem South Taluk, Salem District belongs to the petitioner. For Petitioner :

Mr.A.Rajkumar For Respondents :

Mr.K.Parameshwaran, GA

ORDER

(1)This writ petition has been filed for the issue of a writ of mandamus, directing the respondents 2 and 3 to consider the representation made by the petitioner on 14.02.2020 and to conduct a survey in the subject property and to mark the boundaries.

(2)The case of the petitioner is that he is the owner of the subject property by virtue of a registered Sale Deed dated 14.12.2009. The further case of the petitioner is that the patta was also issued in his favour by proceedings dated 06.06.2020 by the 2nd respondent. The petitioner made an application for conducting a survey and to fix the boundary stones. Since the same was not considered, the present writ petition has been filed before this Court.

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(3)Mr.K.Parameshwaran, learned Government Advocate accepting notice on behalf of respondents submitted that the application given by the petitioner has been taken on file and the survey will conducted very soon based on the documents submitted by the petitioner.

(4)Taking into consideration the facts and circumstances of the case and of the fact that the 2nd respondent has already entertained the application filed by the petitioner, there shall be a direction to respondents 2 and 3 to conduct a survey based on the title document submitted by the petitioner. The said process shall be completed within a period of four weeks from the date of receipt of a copy of this order. (5)This writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar AP To 1.The District Collector Collectorate, Salem District.

2.The Tahsildar, Taluk Office, Salem South Taluk Salem District.

3.The Head Surveyor Salem South Taluk Salem District.

WP.No.11838/2020 A.SK(09/10/2020) https://hcservices.ecourts.gov.in/hcservices/