H.Basheerdin v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.10.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI H.Basheerdin ... Petitioner vs.

1. The District Collector,

2. The Tahsildar, Veppanthattai Taluk,

3. The Inspector of Police, Mangalmedu Police Station,

4. The Head Surveyor, Veppanthattai Taluk,

5. Jaidubeen

6. Mohammed Begam

7. Jahangir Khan 1/6

8. Rasithabegam

9. Hemainkhan ... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to survey and fix the boundary stones for the lands comprised in S.No.17 (2A2B), 12(1B), 12(3B) and 12(6A2) situated at Eraiyur Village, Veppanthattai Village, For Petitioner : Mr.T.Dharani For Respondents : Mr.U.Baranidharan Additional Government Pleader [R1 to R4]

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the respondents to survey and fix the boundary stones for the lands comprised in S.No.17 (2A2B), 12(1B), 12(3B) and 12(6A2) situated at Eraiyur Village, Veppanthattai Village, Perambalur District.

2. Learned Additional Government Pleader takes notice for official respondents. Since no adverse order is being passed against respondents 5 to 9, notice to respondents 5 to 9 is dispensed with. 2/6

3. It is the case of the petitioner that he is the owner of the above said properties situated in said Village and the Revenue Records were also mutated in favour of the petitioner. Seeking to survey the above said properties, the petitioner made a representation dated 18.07.2022 before the second respondent, but the same was not considered by the second respondent. Hence the present Writ Petition.

4. Though very many grounds have been raised in this Writ Petition, learned counsel appearing on behalf of the petitioner submits that it would suffice if this Court issues direction to the second respondent to consider the petitioner's representation dated 18.07.2022 and pass appropriate orders on merits and in accordance with law within a particular time frame to be fixed by this Court.

5. Learned Additional Government Pleader appearing for the respondents 1 to 4 has no objection for the said order being passed.

6. Heard the learned counsel appearing on either side and perused the 3/6

materials placed before this Court.

7. Taking into consideration the facts and circumstances of the case, this Court, without going into the merits of the case, directs the second respondent to consider the petitioner's representation dated 18.07.2022 and pass appropriate orders on merits and in accordance with law after affording an opportunity of hearing to the petitioner as well as aggrieved persons, if any, including the private respondents within a period of twelve weeks from the date of receipt of a copy of this order.

8. With the above observation and directions, this Writ Petition is disposed of. No costs.

10.10.2022 RAP Index :

Yes/No Speaking order :

Yes/No 4/6

To:

1. The District Collector,

2. The Tahsildar, Veppanthattai Taluk,

3. The Inspector of Police, Mangalmedu Police Station,

4. The Head Surveyor, Veppanthattai Taluk, 5/6

M.DHANDAPANI, J.

RAP 10.10.2022 6/6