A.Irudhayaraj v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.11.2023
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN A.Irudhayaraj ... Petitioner versus 1.The District Collector, Office of the District Collector, Kachirapalayam Road, Kallakurichi District - 605 702.
2.The Revenue Divisional Officer, Kallakurichi Revenue Division, Kallakurichi District - 606 202.
3.The Tahsildar, Vanapuram Taluk, Kallakurichi District - 605 801.
4.The Head/Taluk Surveyor, Vanapuram Taluk, Kallakurichi District - 605 801.
5.Arulappan .....Respondents Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 3rd and 4th respondents to demarcate the petitioner's property in the light of the Circular in Na.Ka.No.5/20403/2020 Pg.Nos.1/6
(L.S), Dated 15.03.2021, and Amended Circular in R.C.No.Q5/20403 /2020 (SY), Dated 28.05.2021 issued by the Commissioner of Survey and Settlement, Survey House Chepauk, Chennai, pertaining to the Grama Natham Survey No. 12A/30, measuring 0.12 Cents, bearing Grama Natham Patta No.242, situated at, Ulagalapadi Mathura, Saveriyarpalayam Village, Vanapuram Taluk, Kallakurichi District, within the Sub-Registrar Office at Vadaponparappi, the Registration District of Kallakurichi, on the basis of the petitioners Land Demarcation Application, dated 20.06.2022, within a stipulated time may be fixed by this Court. For Petitioner : Mr.J.Agni Selvaraju For Respondent : Mr.P.Gurunathan Additional Government Pleader for R1 to R4
O R D E R
Mr.P.Gurunathan, learned Additional Government Pleader takes for respondent 1 to 4. Since no adverse order is being passed as against the 5th respondent, notice to the 5th respondent is dispensed with.
2. This writ petition has been filed seeking for issuance of a Writ of Mandamus directing respondents 3rd and 4th to consider the petitioner's application dated 20.06.2022, wherein and whereby, he sought for Pg.Nos.2/6
demorcation of his property in the light of Circular dated 15.03.2021, and Amended Circular dated 28.05.2021 pertaining to the Grama Natham Survey No.12A/30, admeasuring 0.12 Cents, bearing Grama Natham Patta No.242, situated at Ulagalapadi Mathura, Saveriyarpalayam Village, Vanapuram Taluk, Kallakurichi District.
3. The learned counsel for the petitioner submitted that the petitioner has submitted an application dated 20.06.2022 to the third respondent for demarcation of the subject property, however, the third respondent has not considered the same till date. Hence, the petitioner is before this Court.
4. The learned Additional Government Pleader appearing for respondents 1 to 4 submitted that respondents 3 and 4 may be directed to consider the petitioner's application and pass orders on merits in accordance with law.
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 3 and 4 are directed to consider the Pg.Nos.3/6
application of the petitioner dated 20.06.2022, and pass appropriate orders, on merits and in accordance with law, after giving notice to the interested parties, rival claimants and/or adjacent owners, including the fifth respondent herein, 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.
08.11.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms Pg.Nos.4/6
To 1.The District Collector, Office of the District Collector, Kachirapalayam Road, Kallakurichi District - 605 702.
2.The Revenue Divisional Officer, Kallakurichi Revenue Division, Kallakurichi District - 606 202.
3.The Tahsildar, Vanapuram Taluk, Kallakurichi District - 605 801.
4.The Head/Taluk Surveyor, Vanapuram Taluk, Kallakurichi District - 605 801.
Pg.Nos.5/6
P.VELMURUGAN, J.
ms 08.11.2023 Pg.Nos.6/6