Madras High CourtWP/33517/2023disposed of

K.Radha v. The District Collector

2023-11-30Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN K.Radha ... Petitioner versus 1.The District Collector, O/o.Collectorate, Salem Town & District.

2.The Tahsildar, Taluk Office, Attur Town & Taluk, Salem District.

3.The Surveyor, Taluk Office, Attur Town & Taluk, Salem District.

.....Respondents Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to consider the petitioner's representations dated 13.09.2023 and 29.09.2023 and consequently measure and demarcating the Suvey Nos.393/7, 393/8, 87/1, Pg.Nos.1/5

87/7, 87/8 in Appammasamuthiram Village, Arthur Taluk, Salem District and fix the boundary stones.

For Petitioner : Mr.S.T.Bharath Gowtham For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

Mr.Yogesh Kannadasan, learned Special 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. This writ petition has been filed seeking for issuance of a writ of mandamus, directing the respondents to measure and demarcate the petitioner's land situated in Suvey Nos.393/7, 393/8, 87/1, 87/7, 87/8 in Appammasamuthiram Village, Arthur Taluk, Salem District and fix the boundary stones, by considering the representations of the petitioner dated 13.09.2023 and 29.09.2023, respectively. Since the said Pg.Nos.2/5

representations have not been considered by the respondents, the petitioner is before this Court.

3. The learned Special Government Pleader appearing for respondents submitted that respondents 2 and 3 may be directed to consider the petitioner's representations and pass orders on merits in accordance with law.

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, the respondents 2 and 3 are directed to consider the representations of the petitioner dated 13.09.2023 and 29.09.2023, respectively and pass appropriate orders, on merits and in accordance with law, after giving notice to all the interested parties/rival claimants and/or adjacent owners, and after conducting enquiry, within a period of two months from the date of receipt of a copy of this order.

Pg.Nos.3/5

6. With the above directions, this writ petition is disposed of. There shall be no order as to costs.

30.11.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms To 1.The District Collector, O/o.Collectorate, Salem Town & District.

2.The Tahsildar, Taluk Office, Attur Town & Taluk, Salem District.

3.The Surveyor, Taluk Office, Attur Town & Taluk, Salem District.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 30.11.2023 Pg.Nos.5/5