← Library
Madras High CourtWP/35927/2023disposed of

S.Sengoda Gounder 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 S.Senkoda Goundar ... Petitioner Vs.

1. The District Collector, O/o The 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 PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to consider the petitioner's representations dated 05.07.2023, 03.10.2023 and consequently measure and demarcating the Survey No.669/3 in Paithur Village, Attur Taluk, Salem District and fix the boundary stones. For Petitioner : Mr.S.T.Bharath Gowtham

For Respondents : Ms.Akila Rajendran Government Advocate

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents herein to consider the petitioner's representations dated 05.07.2023 and 03.10.2023.

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

3. It is the contention of the learned counsel for the petitioner that though the petitioner made representations dated 05.07.2023 and 03.10.2023, there was no response from the official respondents till date. Hence the petitioner is constrained to file the present writ petition.

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 respondents to consider the petitioner's representations dated 05.07.2023 and 03.10.2023, 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 pass orders on merits and in accordance with law. The said exercise shall be completed within a period of three 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 Collectorate, Salem Town & District.

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

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

P.VELMURUGAN, J.

mfa 02.01.2024