P.Sittilingam v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.10.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI P.Sittilingam ... Petitioner vs.

State rep. by 1.The District Collector, Kallakurichi District, Kallakurichi.

2.The Tahsildar, Kallakurichi Taluk, Kallakurichi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to consider the representation of the petitioner dated 21.09.2022, given for seeking to survey his land and to fix the boundary bearing S.No. Old No.20/1, New No.20/6 with an extent of 6.1/2 cents situated at Emapper Village, Kallakurichi Taluk & District within a stipulated period. 1/5

For Petitioner : Mr.R.Prabudoss For Respondents : Mr.U.Bharanidharan, Additional Government Pleader

ORDER

This writ petition has been filed seeking for issuance of a Writ of Mandamus, to direct the second respondent to consider the petitioner's representation dated 21.09.2022, seeking to survey his land and to fix the boundary bearing S.No. Old No.20/1, New No.20/6 of an extent of 6.1/2 cents situated in Emapper Village, Kallakurichi Taluk & District within a stipulated period to be fixed by this Court.

2. The case of the petitioner is that he is the owner of the above said property situated in said Village and the Revenue Records were mutated in favour of the petitioner. Seeking to survey and fix boundary stones, the petitioner made a representation dated 21.09.2022 before the second respondent, but the same was not considered by the second respondent. Hence the present Writ Petition.

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3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submits that it would suffice if this Court, issues direction to the second respondent to consider the petitioner's representation dated 21.09.2022 and pass appropriate orders within a time frame that may be fixed by this Court.

4. The learned Additional Government Pleader appearing for respondents has no objection for the said order being passed.

5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6. 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 said representation of the petitioner dated 21.09.2022 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, within a period of twelve weeks from the date of 3/5

receipt of a copy of this order.

7. With the above observations and direction, the Writ Petition is disposed of. No costs.

10.10.2022 RAP Index : Yes/No Speaking order : Yes/No To 1.The District Collector, Kallakurichi District, Kallakurichi.

2.The Tahsildar, Kallakurichi Taluk, Kallakurichi District.

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M.DHANDAPANI, J.

RAP 10.10.2022 5/5