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Madras High CourtWP/25542/2022disposed of

A.K.Chinnasamy v. The District Collector

2022-09-23Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 23.09.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.No.25542 of 2022 A.K.Chinnasamy ... Petitioner Vs.

1. The District Collector, District Collectorate, Sathuvachary, Vellore 632 009.

2. The District Revenue Officer, Vellore.

3. The Tahsildar, Vellore.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to consider the representation of the petitioner to demarcate his property by metes and bounds as requested in his representation dated 15.02.2021/01.05.2021 within a time frame as may be fixed by this Honourable court and pass orders.

For Petitioner : Mr.R.Lakshmi Narayanan For Respondents : Mr.U. Bharanidharan Additional Government Pleader

O R D E R

By consent of both the parties, the writ petition is taken up for final

disposal at the time of admission stage itself.

2. This Writ Petition has been filed seeking for issuance of Writ of Mandamus, directing the respondents to consider the representation of the petitioner to demarcate his property by metes and bounds as requested in his representation dated 15.02.2021/01.05.2021.

3. The case of the petitioner is that the petitioner inherited the subject property and he was in enjoyment and peaceful possession of the the subject property. The grievance of the petitioner is that the subject property had never been subdivided so as to enable the property to have a definite boundaries on four sides of the land and put to unnecessary difficulties to register the partition document and other necessary documents on petitioner's name separately. Therefore, the petitioner made a representation dated 15.02.2021/01.05.2021 before the first respondent, but the same was not considered till date. Hence, the present writ petition.

4. The learned counsel for the petitioner submitted that this Court may issue a direction to the first respondent to consider the petitioner's

representation dated 15.02.2021/01.05.2021 within the stipulated time as fixed by this Court.

5. The learned Additional Government Pleader would submit that the petitioner made the representation before the first respondent who is not the competent authority to survey the land. He further submits if the petitioner made a representation before the third respondent the same will be considered .

5. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court, without going into the merits of the case, direct the petitioner to submit a representation to the third respondent to survey the subject within a period of two weeks from the date of receipt of a copy of this order and if any such representation is made by the petitioner, the third respondent is directed to consider the same on merits and in accordance with law and take necessary steps to survey the land, on merits and in accordance with law, after affording reasonable opportunity of hearing to the petitioner as well as the aggrieved parties if any, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the aforesaid direction, this Writ Petition stands disposed of. No costs.

23.09.2022 Index: Yes/ No Internet: Yes/No smn To.

The Tahsildhar Kundrathur Taluk Kundrathur

M.DHANDAPANI,J.

smn To The Tahsildar Thiruvennainallur Taluk Villupuram District.

W.P.No. 25542 of 2022 23.09.2022