Madras High CourtWP/27286/2018disposed of

A.Radhakrishnan v. The District Collector

2018-12-04Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.12.2018

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.27286 of 2018 A.Radhakrishnan ... Petitioner Vs.

1. The District Collector, Salem 636 001.

2. The Commissioner of Police, Salem 636 006.

3. The Commissioner, Salem Corporation, Salem 636 001.

4. The Assistant Director, Survey and Settlements, Salem 636 001.

5. The Tahsildar, Salem West, Suramangalam, Salem 636 005.

6. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Salem 636 001.

7. The District Registrar, Salem West, Salem 636 001.

8. The Inspector of Police, Pallapatty Police Station, Salem 636 009.

... Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 5th respondent to survey the property situated in

Old S.F.No.34/12, Town Survey No.8, Block -15, Ward-D, Jawahar Mill Campus, Pallapatty main road, Salem West Taluk, Salem District by considering the petitioner application dated 07.09.2018.

For Petitioner : Mr.R.Marudhachalamurthy For Respondents : Mr.V.Shanmugasundar Special Government Pleader for RR 1 to 5, 7 & 8 Mr.M.Maharaja Special Govt. Pleader for R6

O R D E R

The prayer sought for in this Writ petition is for the issuance of a Writ of Mandamus to direct the fifth respondent to survey the petitioner's property situated in Old S.F.No.34/12, Town Survey No.8, Block -15, Ward-D, Jawahar Mill Campus, Pallapatty main road, Salem West Taluk, Salem District.

2. Heard Mr.R.Marudhachalamurthy, learned counsel appearing for the petitioner, Mr.V.Shanmugasundar, learned Special Government Pleader appearing for the Respondents 1 to 5, 7 & 8 and Mr.M.Maharaja, learned Special Government Pleader (HR & CE) appearing for the 6th respondent.

3. According to the learned counsel for the petitioner, the petitioner has submitted a representation on 07.09.2018 for measuring the property on paying appropriate fee to the fifth respondent, but, the same are yet to be disposed of by the respondents. Hence, the petitioner is before this Court.

4. It is the fact that there is a dearth of surveyors in many of the Taluk Offices and there are many petitions and requests as that of the petitioner herein waiting their property to be surveyed. Hence, the fifty respondent is directed to have a list of such requests and conduct the survey as per the order of priority. However, any such request for survey of the land shall be done, on merits and in accordance with law, after issuing notice to the petitioner and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of six weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar jv To