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Madras High CourtWP/33008/2022disposed of

Anbu v. The District Collector

2022-12-08Honourable Mr Justice R. Suresh Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.33008 of 2022 Anbu S/o.Perumal ... Petitioner -Vs1. The District Collector, Cuddalore District, Cuddalore.

2. The District Revenue Officer, Cuddalore, Cuddalore District.

3. The Special Tahsildar (Natham land) Beach Road, Manjakuppam, Cuddalore - 607 001.

... Respondents Prayer : Writ Petitions under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 3rd respondent to survey the land and to rectify the extent of land 2807 sq.ft instead of 2098 sq.ft. In Old S.No.15 New Survey No.70/20 in Periyakanganakuppam Village, Cuddalore District in patta No.100 issued by the third respondent herein as per sale deed dated in Doc.No.406/1963 dated 21.05.1963 on the file of Joint-I, SRO, Cuddalore. For Petitioner : Mr.T.Gnana Banu For Respondents : Mr.R.P.Murugan Raja Government Advocate 1/5

ORDER

The prayer sought for herein is for a writ of mandamus directing the 3rd respondent to survey the land and to rectify the extent of land 2807 sq.ft instead of 2098 sq.ft. in Old S.No.15 New Survey No.70/20 in Periyakanganakuppam Village, Cuddalore District in patta No.100 issued by the third respondent herein as per sale deed dated in Doc.No.406/1963 dated 21.05.1963 on the file of Joint-I, SRO, Cuddalore.

2. The petitioner in order to survey the land in Old S.No.15 New Survey No.70/20 at Periyakanganakuppam Village, Cuddalore District had given an application to the third respondent on 10.10.2022, the necessary fee has also been paid. Therefore, in order to give a direction to the respondents especially the third respondent to act upon on the application of the petitioner to survey the land, the present writ petition has been filed.

3.Heard Mr.T.Gnana Banu, learned counsel appearing for the petitioner and Mr.R.P.Murugan Raja, learned Government Advocate appearing for the respondents.

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4. The learned Government Advocate appearing for the respondents would submit that, the said application submitted by the petitioner dated 10.10.2022 along with fee would be taken into account and accordingly, it would be acted upon by the third respondent and the land of the petitioner would be surveyed in accordance with law within a time frame that may be stipulated by this Court.

5. Considering the said submission made by the learned counsel appearing for both sides and having regard to the aforesaid factual matrix, this Court is inclined to dispose of this writ petition with the following order:

That there shall be a direction to the third respondent to act upon on the application of the petitioner dated 10.10.2022 for survey of the land of the petitioner mentioned herein above and do the needful as per the request of the petitioner by giving notice to the petitioner and other neighbors within a period of six(6) weeks from the date of receipt of a copy of this order.

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With this direction, this writ petition is disposed of. No costs. 08.12.2022 Index : Yes/No Internet : Yes/No mp To

1. The District Collector, Cuddalore District, Cuddalore.

2. The District Revenue Officer, Cuddalore, Cuddalore District.

3. The Special Tahsildar (Natham land) Beach Road, Manjakuppam, Cuddalore - 607 001.

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R. SURESH KUMAR, J.

mp W.P.No. 33008 of 2022 08.12.2022 5/5