R.Kulandaisamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2023 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN R.Kulandaisamy ... Petitioner Vs.
1. The District Collector Kachirapalayam Road, Kallakurichi District - 606 202
2. The Revenue Divisional Officer Kachirapalayam Road, Kallakurichi Revenue Division, Kallakurichi District - 606 202.
3. The Tahsildar Vanapuram Taluk, Kallakurichi District - 605 801.
4. The Firka Surveyor Vadaponparappi Firka, Vanapuram Taluk, Kallakurichi District - 605 801
5. The Village Administrative Officer Mungilduraipattu Village Vanapuram Taluk, Kallakurichi Distrit - 605 702 ... Respondents 1/6
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue writ of Mandamus directing the 3rd respondent/Tahsildar to demarcate the petitioner's property pertaining to the Survey No.170/1B3B, measuring 0.05 Cents vide Patta No.2890, situated at Moongilduraipattu Village, Vanapuram Taluk, Kallakurichi District, within the Registration District of Kallakurichi, Sub-Registration Office of Vadaponparappi, on the basis of the petitioner's Land Demarcation Application, dated 15.05.2023, within a stipulated time may be fixed by this Court. For Petitioner : Mr.J.Agni Selvaraju For Respondents : Mr.Yogesh Kannadasan Special Government Pleader
ORDER
This Writ Petition is filed for a writ of Mandamus directing the 3rd respondent/Tahsildar to demarcate the petitioner's property pertaining to the Survey No.170/1B3B, measuring 0.05 Cents vide Patta No.2890, situated at Moongilduraipattu Village, Vanapuram Taluk, Kallakurichi District, within the Registration District of Kallakurichi, Sub-Registration Office of Vadaponparappi, on the basis of the petitioner's Land Demarcation Application, dated 15.05.2023, within a stipulated time may be fixed by this Court.
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2.Today, when the matter is taken up for hearing, learned counsel for the petitioner submitted that it would be suffice if a direction is given to the 3rd respondent to demarcate the petitioner's property based on his application dated 15.05.2023, within a time frame as may be fixed by this Court. 3.Mr.Yogesh Kannadasan, learned Special Government Pleader, who accepts notice for the respondents submitted that the 3rd respondent may be directed to consider the petitioner's application dated 15.05.2023 and pass orders on merits in accordance with law.
4. Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the 3rd respondent to consider the application of the petitioner dated 15.05.2023 and conduct enquiry in the manner known to law after giving notice to all the interested parties, owners of the adjacent lands and rival claimants if any and pass appropriate orders on merits and in accordance with law, as expeditiously as possible within a period of three months from the date of receipt of copy of this order. 3/6
5. With the above directions, the writ petition is disposed of at the admission stage itself. However, there shall be no order as to costs. 17.10.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No 4/6
To
1. The District Collector Kachirapalayam Road, Kallakurichi District - 606 202
2. The Revenue Divisional Officer Kachirapalayam Road, Kallakurichi Revenue Division, Kallakurichi District - 606 202.
3. The Tahsildar Vanapuram Taluk, Kallakurichi District - 605 801.
4. The Firka Surveyor Vadaponparappi Firka, Vanapuram Taluk, Kallakurichi District - 605 801
5. The Village Administrative Officer Mungilduraipattu Village Vanapuram Taluk, Kallakurichi Distrit - 605 702 5/6
P.VELMURUGAN. J.
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