Madras High CourtWP/3731/2023disposed of

R.Natarajan v. The District Collector

2023-02-09Honourable Mr Justice R. Suresh Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2023

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR R.Natarajan ... Petitioner Vs.

1.The District Collector, Tirupathur District, Collectorate, Government Garden, Tirupathur, Tamil Nadu 635 601.

2.The Tahsildar, Tirupattur Taluk Office, Tirupathur, Tirupathur 635 601.

3.Venkatesan 4.Manikkam ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents 1 and 2 to survey the schedule mentioned property based on the representation made by the petitioner dated 15.10.2022. For Petitioner : Mrs.M.Karpagam For Respondents : Mr.P.Sathish Additional Government Pleader

O R D E R

The prayer sought for herein is for a writ of mandamus directing the respondents 1 and 2 to survey the schedule mentioned property based on the representation made by the petitioner dated 15.10.2022. 1/4

2. In respect of property at Survey No.238/1B situated at Kandili Post, Thokkiyam Village, Thirupathur District, the petitioner has given an application on 15.10.2022 to the 2nd respondent to survey the land and in order to consider the said application, the petitioner has moved the present writ petition.

3. Heard Mrs.M.Karpagam, learned counsel appearing for the petitioner and Mr.P.Sathish, learned Additional Government Pleader appearing for the respondents 1 and 2. In view of the order going to be passed in this writ petition, notice to the 3rd and 4th respondents is dispensed with.

4. The learned Additional Government Pleader for the official respondents would submit that, though the application by way of representation as claimed to have been given by the petitioner, necessary fee has not been paid, unless the fee is paid the survey cannot be undertaken by the respondents.

5. I have considered the said submission made by the learned Additional Government Pleader for the official respondents. 2/4

6. In that view of the matter, this Court is inclined to dispose of this writ petition with the following orders: That the petitioner shall make the necessary payment of fee for surveying the land as claimed by the petitioner within a period of two weeks from the date of receipt of a copy of this order and on making such payment, the 2nd respondent Tahsildar shall consider the application of the petitioner and do the needful by completing the survey within eight weeks thereafter, after giving notice to the private respondents.

7. With this direction, this Writ Petition is disposed of. No costs. 09.02.2023 Index : Yes / No Speaking Order : Yes / No Sgl To 1.The District Collector, Tirupathur District, Collectorate, Government Garden, Tirupathur, Tamil Nadu 635 601.

2.The Tahsildar, Tirupattur Taluk Office, Tirupathur, Tirupathur 635 601.

3/4

R.SURESH KUMAR, J.

Sgl W.P.No.3731 of 2023 09.02.2023 4/4