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Madras High CourtWP/5733/2016disposed of

R.Ezhumalai Konar, v. The District Collector,

2016-02-17Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.5733 of 2016

1. R.Ezhumalai Konar

2. V.Sekar

3. Chinnadurai .. Petitioners Vs.

1. The District Collector, Cuddalore Collector's Office, Cuddalore District.

2. Tahsildar, Tahsaildar Office, Tittakudi, Tittakudi Taluk, Cuddalore District.

3. Village Administrative Officer, Ma.Podaiyur Village, Tittakudi Taluk, Cuddalore District.

4. Head Surveyor, Tahsildar Office, Tittakudi, Tittakudi Taluk, Cuddalore District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct to consider the petitioner's representation, dated 26.10.2015 to the respondents 2 to 4 to survey and fix the boundaries by laying the boundary stones in the petitioners' lands in Survey Numbers 562/3 measuring 2.64.0 hectares and 571/2B measuring 1.53.0 hectares of agricultural lands lying at Ma.Podaiur Village, Tittakudi Taluk, Cuddalore District.

For Petitioners : Ms.V.Preetha For Respondents : Mr.P.Sanjay Gandhi, Addl.G.P.

ORDER

The petitioner has filed the above Writ Petition for issuance of a Writ of Mandamus to direct the respondents 2 to 4 to consider the petitioners' representation, dated 26.10.2015 seeking survey and fix the boundaries by laying the boundary stones in the petitioners' lands in Survey Number 562/3, measuring 2.64.0 hectares and Survey Number 571/2B, measuring 1.53.0 hectares of agricultural lands lying at Ma.Podaiur Village, Tittakudi Taluk, Cuddalore District.

2. Though very many averments are made by the petitioners in the affidavit filed in support of the Writ Petition, at the time of making submissions, learned counsel for the petitioners submitted that it would be suffice if a direction is issued to the fourth respondent-Head Surveyor to consider the petitioners' representation, dated 26.10.2015 seeking survey and fixing the boundaries by laying the boundary stones on the above said petitioners' lands.

3. In view of the above submission made by the learned counsel for the petitioners, this Court, without going into the merits of the case, directs the fourth respondent-Head Surveyor to consider the said representation of the petitioners, dated 26.10.2015 and by giving an opportunity of hearing to the petitioners as well as to any other necessary parties, dispose of the said representation, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Further, the petitioners are directed to furnish required particulars to the fourth respondent and also give the names of aggrieved/interested parties, if any, to be affected by the order that will be passed by the fourth respondent.

4. With the above observations and directions, the Writ Petition is disposed of. No costs.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar cs

To

1. The District Collector, Cuddalore Collector's Office, Cuddalore District.

2. Tahsildar, Tahsaildar Office, Tittakudi, Tittakudi Taluk, Cuddalore District.

3. Village Administrative Officer, Ma.Podaiyur Village, Tittakudi Taluk, Cuddalore District.

4. Head Surveyor, Tahsildar Office, Tittakudi, Tittakudi Taluk, Cuddalore District.

1 cc to Government Pleader, sr. 10205 W.P.No.5733 of 2016 JP (CO) kk 1/3