Chidambaram v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.12.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Chidambaram ... Petitioner vs.

1. The District Collector, Dharmapuri,

2. The Tahsildar, Dharmapuri Taluk,

3. The Taluk Surveyor, Nallampalli Taluk, ... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to dispose of the petitioner's application dated 19.11.2022 by measuring an demarcating the petitioner's land in Survey no.306/2, Patta No.691, extent of 2616 sq.ft. in Nathathalli Village, Dharmapuri District.

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For Petitioner : Mr.M.Selvam For R1 and R2 : Mr.T.K.Saravanan Government Advocate

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the respondents to dispose of the petitioner's application dated 19.11.2022 by measuring and demarcating the petitioner's land in Survey no.306/2, Patta No.691, extent of 2616 sq.ft. in Nathathalli Village,

2. It is the case of the petitioner that he is in possession and enjoyment of the above said land situated in said Village and patta in respect of the same was also issued in favour of the petitioner. In order to measure and demarcate the said property the petitioner made an application dated 19.11.2022, before the respondents 1 and 3. Since the same was not considered by respondents, the petitioner has filed the present writ petition seeking the aforesaid relief.

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3. Though very many grounds have been raised in this Writ Petition, learned counsel appearing on behalf of the petitioner submits that it would suffice if this Court issues direction to the respondents to consider the petitioner's representation dated 19.11.2022 and pass appropriate orders within a particular time frame to be fixed by this Court.

4. Learned Government Advocate appearing for the respondents has no objection for the said order being passed.

5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6. Taking into consideration the facts and circumstances of the case, this Court, without going into the merits of the case, directs the petitioner to send a copy of the representation dated 19.11.2022 along with a copy of this order to the second respondent and on receipt of the same, the second respondent is directed to pass appropriate orders on merits and in accordance with law after affording an opportunity of hearing to the petitioner as well as aggrieved persons, if any, within a period of twelve 3/5

weeks thereafter.

7. With the above observation and direction, this Writ Petition is disposed of. No costs.

02.12.2022 RAP Index :

Yes/No Speaking order :

Yes/No To:

1. The District Collector, Dharmapuri,

2. The Tahsildar, Dharmapuri Taluk,

3. The Taluk Surveyor, Nallampalli Taluk, M.DHANDAPANI, J.

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RAP 02.12.2022 5/5