G.Iniyadyalan (M/61 Years) v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.07.2016

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.22897 of 2016 G.Iniyadyalan ... Petitioner Vs.

1. The District Collector, Villupuram, Villupuram District.

2. District Land Surveyor, Villupuram Collectorate, Villupuram District.

3. The Taluk Land Surveyor, Tindivanam Taluk Office, Villupuram District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, for the issuance of writ of mandamus directing the third respondent to dispose the petitioner's land demarcation applications dated 17.08.2012 and 12.07.2013 in accordance with law, pertaining to the properties in comprising Survey Nos.79/1 and 316/5 (old.42/7) vide Patta Nos.26 and 90 and vide measuring 5.50 ars and 64.50 ars, situated at, Avanippur Village, Tindivanam Taluk, Villupuram District, within Registration District of Villupuram, Sub-Registration Office at Avarapakkam, within a stipulated time.

For Petitioner : Mr.J.Agni Selvaraju For Respondents : Mr.R.Vijayakumar, Additional Government Pleader

O R D E R

By consent, this writ petition is taken up for final disposal.

2. The petitioner claims to be the absolute owner of the property ad-measuring to an extent of 5.5 acres in S.No.79/1 as well as 64.50 acres in S.No.316/5 situated at Avanippur Village and Post, Tindivanam Taluk, Villupuram District vide patta Nos.26 and 90 respectively.

According to the petitioner, the said properties were originally belonged to https://hcservices.ecourts.gov.in/hcservices/

his father and after his demise, he succeeded to the said property. The petitioner also claims that since he is in possession and enjoyment of the same and also regularly paying statutory levies, submitted an application dated 17.08.2012 to the third respondent under Sections 9 and 10 of the Tamil Nadu Land Survey and Boundaries Act, 1923 for demarcation followed by a reminder dated 12.07.2013 and since no orders have been passed, came forward to file this writ petition.

3. Heard the submissions of Mr.J.Agni Selvaraju the learned counsel appearing for the petitioner and Mr.R.Vijayakumar, the learned Additional Government Pleader, who accepts notice on behalf of the respondents.

4. Though the petitioner prayed for the larger relief, this Court in the light of the facts and circumstances and without going into the merits of the same, directs the third respondent to consider and dispose of the petitioner's application dated 17.08.2012 as well as the reminder dated 12.07.2013 in accordance with law after putting on notice the persons concerned and pass orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the persons concerned.

The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS II) //True Copy// vsm Sub Assistant Registrar To

1. The District Collector, Villupuram, Villupuram District.

2. The District Land Surveyor, Villupuram Collectorate, Villupuram District.

3. The Taluk Land Surveyor, Tindivanam Taluk Office, Villupuram District.

+1cc to Mr.J.Agni Selvaraju, Advocate, S.R.No.37292 +1cc to the Government Pleader, S.R.No.37669 Writ Petition No.22897 of 2016 RP(CO) CA(22/07/2016) https://hcservices.ecourts.gov.in/hcservices/