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Madras High CourtWP/16807/2022disposed of

P.Erusappan v. The District Collector

2022-07-04Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.07.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI P.Erusappan ... Petitioner vs.

1. The District Collector, Collectorate, Salem.

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

3. The Head Surveyor, Salem South Taluk Office, 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 respondents herein to consider the petitioner's representation dated 15.11.2021 and reminder representation dated 17.06.2022 to measure the boundaries and fix boundary stones bearing S.No.18/3A1A totally admeasure 0.10.90 hectare (16(1/4) cent) of land which is situated in Chinnaseeragapadi Village, Salem 1/5

South Taluk, Salem District belongs to the petitioner as per Revenue Records.

For Petitioner : Mr.A.Rajakumar For Respondents : Mr.A.Anandan Government Advocate

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents herein to consider the petitioner's representation dated 15.11.2021 and reminder representation dated 17.06.2022 to measure the boundaries and fix boundary stones bearing S.No.18/3A1A totally admeasure 0.10.90 hectare (16(1/4) cent) of land which is situated in Chinnaseeragapadi Village, Salem South Taluk, Salem District belongs to the petitioner as per Revenue Records.

2. The case of the petitioner is that he is the absolute owner of the aforesaid property, which was registered through Sale Deed dated 16.12.1994 bearing Document No.14 of 1994 and Patta bearing number 169 also stands in the name of the petitioner. In order to measure the boundaries and fix boundary stones on four sides, the petitioner made 2/5

representation dated 15.11.2021 before the respondents and also the reminder representation dated 17.06.2022. It is pertinent to note that the petitioner has paid the necessary charges. However, till date no order has been passed, the petitioner has filed the present Writ Petition.

3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submits that, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 15.11.2021 and pass orders on the same within a particular time frame that may be fixed by this Court.

4. The learned Government Advocate appearing for the respondents has no objection for the said order being passed.

5. In view of the above, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 15.11.2021 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the 3/5

petitioner and other aggrieved persons, if any, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above observations and directions, this Writ Petition is disposed of. No costs.

04.07.2022 Index :

Yes/No Speaking order :

Yes/No jd To

1. The District Collector, Collectorate, Salem.

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

3. The Head Surveyor, Salem South Taluk Office, Salem District.

M.DHANDAPANI,J.

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