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Madras High CourtWP/31742/2023disposed of

Kamalam v. The District Collector

2023-11-06Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.11.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Kamalam ... Petitioner Vs.

1. The District Collector Office of the District Collector Thiruchengode Road, Namakkal

2. The Tahsildar Senthamangalam Taluk Namakkal District

3. The Deputy Inspector of Survey Survey Department Senthamangalam Taluk Namakkal District ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue writ of Mandamus directing the respondents to survey and fix the boundaries of the petitioner's land situate in Kalkuruchi Village, Senthamangalam Taluk, Namakkal District, comprised in S.No.185/3B to an extent of 0.50.0 Hectares, by considering the petitioner's representation dated 27.09.2023.

For Petitioner : Mr.S.Senthil For Respondents : Mr.V.Veluchamy Additional Government Pleader

ORDER

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This Writ Petition is filed for a writ of Mandamus directing the respondents to survey and fix the boundaries of the petitioner's land situate in Kalkuruchi Village, Senthamangalam Taluk, Namakkal District, comprised in S.No.185/3B to an extent of 0.50.0 Hectares, by considering the petitioner's representation dated 27.09.2023.

2.Today, when the matter was taken up for hearing, the learned counsel for the petitioner submitted that it would suffice if a direction is issued to the respondents to dispose of the petitioner's representation dated 27.09.2023, within a stipulated time as may be fixed by this Court. 3.Mr.V.Veluchamy, Additional Government Pleader who takes notice for the respondents submitted that the respondents may be directed to consider the petitioner's representation dated 27.09.2023 and pass orders on merits in accordance with law.

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4. 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, this Court directs the respondents to consider the petitioner's representation dated 27.09.2023 and pass orders on merits and in accordance with law, after giving notice and opportunity of hearing to all the adjacent owners, interested parties/rival claimants if any, within a period of three months from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 06.11.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No 3/5

To

1. The District Collector Office of the District Collector Thiruchengode Road, Namakkal

2. The Tahsildar Senthamangalam Taluk Namakkal District

3. The Deputy Inspector of Survey Survey Department Senthamangalam Taluk Namakkal District 4/5

P.VELMURUGAN. J.

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