S.Kandasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.11.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI S. Kandasamy ... Petitioner Vs.

1. The District Collector, Namakkal Collectorate, Namakkal - 637 003.

2. The Revenue Divisional Officer, Tiruchengodu - 637 214.

3. The Tahsildar, Tiruchengodu - 637 503.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the third respondent to conduct the Survey in petitioner's land situated in S.F.No. 11/2A and 11/2B according to the application dated 10.06.2020 and pass orders.

For Petitioner : Mr.V. Ashok Kumar 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 a direction to the respondent to consider the representation of the petitioner to demarcate his property by metes and bounds as requested in his representation dated 10.06.2020 .

3. The case of the petitioner is that the petitioner is in enjoyment and possession of the subject land and he has some boundary dispute with the adjacent land owner. The grievance of the petitioner is that the subject land was never sub-divided. Hence the petitioner made a representation dated 10.06.2020 along with documents before the third respondent requesting to survey the land of the petitioner, but the same was not considered. Hence this writ petition.

4. The learned counsel for the petitioner submitted that this Court may

issue a direction to the third respondent to consider the petitioner's representation dated 10.06.2020 within the stipulated time as fixed by this Court.

5. The learned Additional Government Pleader would submit that the petitioner's representation dated 10.06.2020 will be considered on merits and in accordance with law.

6. 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 third respondent to consider the petitioner's representation dated 10.06.2020 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.

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

04.11.2022 Index: Yes/ No Internet: Yes/No smn

M.DHANDAPANI,J.

smn To

1. The District Collector, Namakkal Collectorate, Namakkal - 637 003.

2. The Revenue Divisional Officer, Tiruchengodu - 637 214.

3. The Tahsildar, Tiruchengodu - 637 503.

W.P.No. 29191 of 2022 04.11.2022