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Madras High CourtWP/24451/2024disposed of

T.Senthilkumar v. The District Collector,

2024-08-27Honourable Mr Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :27.08.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.24451 of 2024 T.Senthil Kumar

...Petitioner

Vs.

1. The District Collector District Collectorate Villupuram District-605 602.

2.The Revenue Divisional Officer Revenue Divisional Office, Tindivanam Division, Villupuram District-604 001.

3.The Land Surveyor Taluk Surveyor (Land Survey Section) Marakkanam Taluk, Villupuram District-604 303.

4.The Tahsildar Taluk Office Marakkanam Taluk, Villupuram District-604 303.

5. Saravanan

6. Latha ..Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 3rd respondent herein to consider the petitioner statutory application/representation dated 26.02.2024 and to survey the property in S.No.3/4B, 3/3B and 6 M.Thirukannur village, Marakkanam and earmark the boundaries under the Tamil Nadu Land Survey and Boundaries Act, 1923.

For Petitioner : Mr.A.Kamal for M/s.Subiksha Bharathi For Respondents 1 to 4 : Mr.A.Selvendran Special Government Pleader

O R D E R

The petitioner herein seeks a direction to 3rd respondent to survey the property situated in S.Nos.3/4B, 3/3B and 6, M.Thirukannur Village, Marakkanam Taluk, Villupuram District by considering his representation dated 26.02.2024.

2. According to the petitioner, he is the owner of the land situated in Survey No.3/4B in Thirukannur Village and the 6th respondent owns adjacent land in Survey No.3/3B. The land in Survey No.6 is the access to the petitioner to reach the highways. It is stated by the petitioner that 6th respondent 2/5

encroached the portion of the land in Survey No.6. Therefore, to earmark the petitioner's land and the Government land in Survey No.6, he submitted a representation before the 3rd respondent on 26.02.2024 seeking survey of the lands. The petitioner also paid necessary charges for survey as seen from the EChallan dated 26.02.2024. The representation of the petitioner has not been considered by the 3rd respondent hence, he is before this Court by way of writ petition.

3. Mr.A.Selvendran, learned Special Government Pleader, who is taking notice for the respondents 1 to 4, submitted that the petitioner's representation would be considered on its' own merits within a time fixed by this Court.

4. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the 3rd respondent to consider the representation of the petitioner dated 26.02.2024 and pass final orders on its' own merits within a period of eight weeks from the date of receipt of copy of this order after issuing necessary notice to respondents 5 and 6. 3/5

5. With the above directions, this writ petition is disposed of. No costs. 27.08.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr To

1. The District Collector District Collectorate Villupuram District-605 602.

2.The Revenue Divisional Officer Revenue Divisional Office, Tindivanam Division, Villupuram District-604 001.

3.The Land Surveyor Taluk Surveyor (Land Survey Section) Marakkanam Taluk, Villupuram District-604 303.

4.The Tahsildar Taluk Office Marakkanam Taluk, Villupuram District-604 303.

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S.SOUNTHAR , J.

nr W.P No.24451 of 2024 27.08.2024 5/5