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Madras High CourtWP/30593/2018disposed of

M.Radhakrishnan v. The District Collector

2018-11-20Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.11.2018

CORAM

THE HONOURABLE MR.JUSTICE PUSHPA SATHYANARAYANA W.P.No.30593 of 2018 and W.M.P.No.35672 of 2018 M.Radhakrishnan

...Petitioner

..Vs..

1.The District Collector, Vellore District 2.The Tahsildar Walahja Taluk Vellore District

...Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent herein to consider the petitioner's representation dated 02.11.2018 and to pass orders to measure the petitioner's Vacant Land measuring an extent of 0.39.0 Ares 0.96 Cents, comprised in Nanjai Survey No 133/1, at Rasathupuram Village, Walahja Taluk, Vellore District situiate within the Sub Registration District of Arcot and Registration District of Arakkonam.

For Petitioner : Mr.M.Ramesh For Respondents : Mr.N.Inbanathan Additional Government Pleader

ORDER

By consent, this Writ Petition taken up for final disposal at the stage of admission itself.

2. This Writ Petition has been filed seeking for a direction to the second respondent herein to consider the

petitioner's representation dated 02.11.2018 and to pass orders to measure the petitioner's Vacant Land measuring an extent of 0.39.0 Ares 0.96 Cents, comprised in Nanjai Survey No 133/1, at Rasathupuram Village, Walahja Taluk, Vellore District situated within the Sub Registration District of Arcot and Registration District of Arakkonam.

3. The case of the petitioner is that he made a representation to the second respondent on 02.11.2018, seeking to measure the petitioner's Vacant Land measuring an extent of 0.39.0 Ares 0.96 Cents, comprised in Nanjai Survey No 133/1, at Rasathupuram Village, Walahja Taluk, Vellore District, so as to enable him to develop his property. But, no action has been taken on the same till date. Hence, the petitioner has come forward with this Writ petition seeking for the aforesaid relief.

4. Heard the learned counsel for the petitioner, as well as learned Special Government Pleader who takes notice on behalf of the respondent.

5. The learned counsel appearing for the petitioner would submit that the petitioner has also paid necessary fees vide challan to the Government for measuring and issuing patta in his name, in respect of the aforesaid property.

6.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 properties to be surveyed. Hence, the second 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, within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and others, if any interested in the matter.

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

Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar

arr/rst To 1.The District Collector, Vellore District 2.The Tahsildar Walahja Taluk Vellore District +1cc to Mr.M.Ramesh, Advocate SR.No.79573 +1cc to Government Pleader SR.No.79573 W.P.No.30593 of 2018 and W.M.P.No.35672 of 2018 JP(CO) GMY(06/12/2018)