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Madras High CourtWP/34304/2013disposed of

Arulnathan v. The District Collector

2018-02-01Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.34304 of 2013 Arulnathan

...Petitioner

Versus

1. The District Collector, Villupuram District, Villupuram.

2. The Thasildhar, Villupuram.

.. Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the 2nd respondent to measure and survey the assigned property of the petitioner viz., the whole extent of S.No.373/25 - at Kakkanur Village, Villupuram taluk, as per the representation made by the petitioner on 09.11.2013.

For Petitioner : M/s.N.Suresh For Respondents : Mr.B.Anand Government Advovcate.

O R D E R

This writ petition is filed for issuance of a writ of mandamus to direct the 2nd respondent to measure and survey the land of the petitioner in Survey No.373/25 at Kakkanur Village in Villupuram Taluk, as per his representation dated 09.11.2013.

2. According to the petitioner, he was an Ex-serviceman and he retired from the Army in the year 2001, after serving more than 30 years. The further case of the petitioner is that the Government by its proceedings, dated 10.08.1966 has assigned one acre land in Survey No.373/25.

3. The petitioner would further state that he is in possession and enjoyment of the same. Since there was no mutation in the Revenue Records, he was constrained to file a writ petition in W.P.No.5176 of 2012. Pursuant to the order passed in that writ petition, the mutation in the Revenue Records had taken place. But, the representation made by the petitioner, dated 09.11.2013, for measuring the land was not

considered by the respondent. Hence, the present writ petition.

4. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents.

5. The learned counsel for the petitioner as well as the learned Government Advocate appearing for the respondents submitted that after bifurcation, the petitioner's land comes under the jurisdiction of the Tahsildar, Vikravandi. The learned Government Advocate submitted that if the petitioner gives a representation to the jurisdictional Tahsildar, it would be considered without any delay.

6. In the light of the above facts and the submissions made by both the learned counsels, this Court directs the petitioner to give fresh representation to the Tahsildar, Vikravandi, within a period of two weeks by enclosing a copy of this order. On such receipt, the Tahsildar, Vikravandi is directed to measure the land of the petitioner, within a period of four weeks from therefrom.

7. With the above observations and directions, the writ petition is disposed of. No costs.

8. Post on 19.03.2018 for reporting compliance. msrm dt.01/02/2018 This petition having been posted "for reporting compliance" on Monday the 19th day of March 2018, in pursuance of the order dated 1/2/2018 and in the presence of Mr.N.Suresh, Advocate for the petition and of Mr.B.Anand, Government Advocate on behalf of the respondents this Court made the following order. It is represented by the learned Government Advocate that as per the order of this court dated 01.02.2018 the Tahsildar, Vikravandi had conducted survey on the petitioner's land on 17.03.2018, in the presence of the petitioner and boundary stone was laid. The letter of the Tahsildar, Vikravandi, dated 17.3.2018 and the submission of the petitioner have been placed for perusal of this Court. The same is recorded. pvs dt.19.03.2018 Sd/- Assistant Registrar(Audit) //True Copy// Sub Assistant Registrar

To

1. The District Collector, To be substituted the order copy Villupuram District, already despatched on 08.2.2018 Villupuram.

2. The Thasildhar, Villupuram.

+1cc to Mr.N.SURESH, Advocate, S.R.No. 20870 +1cc to the Government Pleader, S.R.No.21405 W.P.No.34304 of 2013 EV(CO) TR(07/02/2018) sm:4.4.2018