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Madras High CourtWP/40963/2016disposed of

G.Chandran, 62 Years v. The District Collector

2016-11-22Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2016

CORAM:

THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P.No.40963 of 2016 G.Chandran ... Petitioner

Versus

1. The District Collector, Thiruvannamalai District, Thiruvannamalai.

2. The Tahsildar, Thiruvannamalai Taluk, Thiruvannamalai District.

3. The Surveyor, Thiruvannamalai Taluk, Thiruvannamalai District.

... Respondents Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of mandamus, to direct the respondents to consider the representation of the petitioner dated 17.10.2016 in accordance with law and direct the third respondent to survey the land bearing Survey No.133/2 measuring about 32 cents, situate at Samuthitam, Thiruvannamalai Taluk, Thiruvannamalai District. For Petitioner :

Mr.D.Bala For R1 and R2 :

Mr.Digvijaypandian, Additional Govt. Pleader

ORDER

By consent of both parties, the present writ petition is taken up for final disposal at the admission stage itself.

2. The learned counsel appearing for the petitioner submitted that the petitioner purchased a land (Panchamiar land) on 31.01.2004 from one K.Radhakrishnan and patta was transferred in his name on 10.12.2013. From the

date of transferring the patta, the petitioner was in possession and enjoyment of the property. Thereafter, he approached the second respondent on 03.10.2016 seeking to survey the land by the third respondent and paid necessary charges. When the petitioner approached the third respondent to survey the land, he told him that one Thirupathy Balaji @ Venkatesan threatened him not to survey the land. Hence, the petitioner made a representation to the first respondent on 17.10.2016. But, the same is pending before the first respondent. Hence, the present writ petition has been filed seeking a direction to first respondent to consider the representation of the petitioner dated 17.10.2016.

3. Considering the pendency of the petitioner's representation dated 17.10.2016 and without going into the merits of the case, the first respondent is directed to consider and pass appropriate orders on the representation of the petitioner dated 17.10.2016 on merits and in accordance with law, as expeditiously as possible, after giving notice and sufficient opportunity to all parties concerned.

4. With the above direction, the present Writ Petition is disposed of. No costs.

22.11.2016 ogy To

1. The District Collector, Thiruvannamalai District, Thiruvannamalai.

2. The Tahsildar, Thiruvannamalai Taluk, Thiruvannamalai District.

3. The Surveyor, Thiruvannamalai Taluk, Thiruvannamalai District.

B.RAJENDRAN, J.

ogy W.P.No.40963 of 2016 22.11.2016 http://www.judis.nic.in