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Madras High CourtWP/26081/2023disposed of

Balaji v. The District Collector

2023-11-16Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Balaji ... Petitioner Vs.

1. The District Collector, Dharmapuri.

2. The Tahsildar, Taluk office, Dharmapuri.

.... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the 2nd respondent to survey the land of the petitioner situated at S.No.421/9, Patta No.1175, to an extent of 2966 Sq.ft, Annasagaram Village, Dharmapuri District. For Petitioner : Mr.R.Dhinesh Kumar For Respondents : Mr.P.Gurunathan Additional Government Pleader 1/4

ORDER

The Writ Petition is filed seeking a writ of Mandamus directing the 2nd respondent to survey the land of the petitioner situated at S.No.421/9, Patta No.1175, to an extent of 2966 Sq.ft, Annasagaram Village, Dharmapuri District.

2. The contention of the petitioner is that he made an application to survey his land and also paid E-challan on 28.11.2022 and so far, the respondents have not considered his application. Therefore, the present writ petition is filed seeking a direction to the 2nd respondent to consider the petitioner's application.

3.Mr.P.Gurunathan, learned Additional Government Pleader who accepts notice for the respondents submitted that the 2nd respondent may be directed to consider the petitioner's application dated 28.11.2022 and pass orders on merits in accordance with law.

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4. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the 2nd respondent to consider the petitioner's application dated 28.11.2022, if the application is otherwise in order and the petitioner is otherwise eligible and conduct survey within a period of two months from the date of receipt of a copy of this order and pass orders on merits and in accordance with law, after giving notice and opportunity of hearing to the petitioner as well as all the adjacent land owners of the 4 boundaries of the petitioner's land, interested parties/rival claimants if any.

5. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

16.11.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No To

1. The District Collector, Dharmapuri.

2. The Tahsildar, Taluk office, Dharmapuri.

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P.VELMURUGAN. J.

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