K.Perumal Reddiyar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN K.Perumal Reddiyar ... Petitioner Vs.

1. The District Collector Thiruvannamalai District

2. The Assistant Director of Survey and Land Records District Survey Unit Thiruvannamalai District

3. The Tahsildar Arni Taluk Thiruvannamalai District ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the 2nd respondent to survey the petitioner's property and demarcate the petitioner's land situated at Murugamangalam, Moongilthangal Village, Chetpet Taluk, Thiruvannamalai District, measuring in an extent of 7 cents in Survey No.240/2 and 0.15 cents comprised in Survey No.241/11 based on the petitioner's representation dated 13.02.2023 in a time bound manner.

For Petitioner : Mr.R.Karunagaran For Respondents : Mr.R.U.Dinesh Rajkumar Additional Government Pleader 1/5

ORDER

This Writ Petition is filed seeking a Writ of Mandamus directing the 2nd respondent to survey the petitioner's property and demarcate the petitioner's land situated at Murugamangalam, Moongilthangal Village, Chetpet Taluk, Thiruvannamalai District, measuring in an extent of 7 cents in Survey No.240/2 and 0.15 cents comprised in Survey No.241/11 based on the petitioner's representation dated 13.02.2023 in a time bound manner. 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 consider the petitioner's representation dated 13.02.2023 within a stipulated time as may be fixed by this Court.

3. Mr.R.U.Dinesh Rajkumar, learned Additional Government Pleader appearing for the respondents submitted that a direction may be issued to the respondents to consider the petitioner's representation within a stipulated time as the case may be.

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4. Having regard to the submissions made by the learned counsel on either side and 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 2nd respondent to consider the petitioner's representation dated 13.02.2023 and conduct enquiry in the manner known to law and after issuing notice and giving opportunity of hearing to the petitioner, adjacent land owners of the four boundaries of the subject land and interested parties/rival claimants/objectors if any as the case may be, conduct survey if the petitioner is otherwise eligible and pass orders on merits and in accordance with law. The said exercise shall be completed within a period of two months from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

02.01.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 3/5

To

1. The District Collector Thiruvannamalai District

2. The Assistant Director of Survey and Land Records District Survey Unit Thiruvannamalai District

3. The Tahsildar Arni Taluk Thiruvannamalai District 4/5

P.VELMURUGAN. J.

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