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Madras High CourtWP/35741/2023disposed of

D.Selvaganesan v. The District Collector

2024-01-02Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN D.Selvaganesan ... Petitioner Vs.

1. The District Collector, O/o The District Collector Office, Bharathi Nagar, Ranipet District.

2. The Tahsildar, Arcot Taluk, Ranipet District.

3. The Taluk Head Surveyor, Arcot Taluk, Ranipet District.

4. B.Manikandan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 08.05.2023 and thereby to direct the first respondent to measure the petitioner's property situated in Survey No.406 /7B1, Joint Patta No.363, Nambarai Madura, Moganavaram Village, Arcot Taluk, Ranipet District totally to an extent of 0.27 cents out of Acre 1.03 cents and erect milestones and issue separate patta.

For Petitioner : Mr.S.Balasubramaian For R1 to R3 : Mr.R.Vigneshwaran Government Advocate

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 08.05.2023 and to direct the first respondent to measure the petitioner's property situated in Survey No.406 /7B1, Joint Patta No.363, Nambarai Madura, Moganavaram Village, Arcot Taluk, Ranipet District totally to an extent of 0.27 cents out of Acre 1.03 cents and erect milestones and issue separate patta.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the official respondents.

3. Since there is no adverse order passed against the fourth respondent in this petition, notice to the private respondent/fourth respondent is dispensed with.

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 second respondent to consider the petitioner's representation dated 08.05.2023, if the petitioner is otherwise eligible and conduct enquiry in the manner known to law after issuing notice and giving opportunity of hearing to the petitioner, adjacent land owners of four boundaries of the subject property and interested parties/rival claimants/objectors if any, as the case may be and dispose the petitioner's application/representation 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 abovesaid direction, the Writ Petition is disposed of. There shall be no order as to costs.

02.01.2024 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The District Collector, O/o The District Collector Office, Bharathi Nagar, Ranipet District.

2. The Tahsildar, Arcot Taluk, Ranipet District.

3. The Taluk Head Surveyor, Arcot Taluk, Ranipet District.

P.VELMURUGAN, J.

mfa 02.01.2024