Madras High CourtWP/30869/2023disposed of

M.Sakthivel v. The District Collector

2023-10-31Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.10.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN M.Sakthivel ... Petitioner versus 1.The District Collector, Office of Collectorate, Salem District.

2.The Tahsildar, Office of Tahsildar, Attur Taluk, Salem District.

3.The Head Surveyor, Office of Tahsildar, Attur Taluk, Salem District.

.....Respondents Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the third respondent to measure the petitioner's land viz., properties in S.No.259/1 and New Survey No.249/22 to an extent of about 2422 sq.ft in Malliyakarai Village, Attur Taluk, Salem Page Nos.1/5

District by disposing of the petitioner's representation dated 08.08.2023 within a time to be stipulated by this Court. For Petitioner : Mr.A.Rajakumar For Respondents : Mr.P.Gurunathan Additional Government Pleader

O R D E R

Mr.P.Gurunathan, learned Additional Government Pleader takes notice for the respondents. With the consent of both the parties, the writ petition is taken up for final disposal at the admission stage, itself.

2. The petitioner has come up with the present writ petition, for a mandamus, directing the third respondent to consider his representation dated 08.08.2023, wherein and whereby he requested to the respondents to measure his lands in S.No.259/1 and New Survey No.249/22 measuring an extent of about 2422 sq.ft in Malliyakarai Village, Attur Taluk, Salem District.

3. The learned counsel for the petitioner submitted that though the Page Nos.2/5

petitioner has given representation dated 08.08.2023 to the respondents to measure the subject property and he has also paid adequate fees for the same, the respondents have not passed any order so far. Hence, the petitioner is before this Court.

4. The learned Additional Government Pleader appearing for respondents submitted that respondents 2 and 3 may be directed to consider the petitioner's representation and pass orders on merits in accordance with law, after giving notice to all the interested parties, within a time frame.

5. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, respondents 2 and 3 are directed to consider the representation of the petitioner dated 08.08.2023, and pass orders, on merits and in accordance with law, after giving notice to all the interested parties, rival claimants Page Nos.3/5

and/or adjacent owners, within a period of three months from the date of receipt of a copy of this order.

6. Accordingly, this writ petition is disposed of. There shall be no order as to costs.

31.10.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms To 1.The District Collector, Office of Collectorate, Salem District.

2.The Tahsildar, Office of Tahsildar, Attur Taluk, Salem District.

3.The Head Surveyor, Office of Tahsildar, Attur Taluk, Salem District.

Page Nos.4/5

P.VELMURUGAN, J.

ms 31.10.2023 Page Nos.5/5