Madras High CourtWP/31113/2018disposed of

S.Selvakumar v. The District Collector

2018-11-26Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2018

CORAM

THE HONOURABLE MR.JUSTICE PUSHPA SATHYANARAYANA W.P.No.31113 of 2018 Mr.S.Selvakumar

...Petitioner

Vs 1.The District Collector, The Office of the Collectorate, Coimbatore.

2.The Sub-Collector, The Officer of the Collectorate, Pollachi, Coimbatore District.

3.The Thasildar, Pollachi.

4.The Commissioner, Pollachi Municipality Office, Pollachi.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to consider the representation dated 14.05.2018 and survey the sub-division of the agriculture land situated in Ward-H, Block No.6, Town Survey No.6/3A & 7/11 at T.Kottampatti, Pollachi Municipality, Coimbatore District. For Petitioner : Mr.S.Nagarajan For R1 to R3 : Mr.E.Balamurugan Special Government Pleader

O R D E R

By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

2. The prayer sought for in this writ petition is for issuance of a Writ of Mandamus to direct the 1st respondent to consider representation dated 14.05.2018 and survey the sub-

division of the agricultural land in Town Survey No. 6/3A & 7/11 at T.Kottampatti, Pollachi Municipality, Coimbatore District.

3. The learned Counsel for the petitioner pointed out that as early as on 01.06.2018, the Sub-collector Pollachi has directed the Thasildar, Pollachi to measure and survey the lands and file a report. There is a direction pursuant to the representation made by the petitioner that the measurements at the time of Sub-Divsion was done wrongly. Subsequent to the order passed by the Sub-Collector on 01.06.2018, the petitioner has also paid appropriate charges on 11.06.2018. As no action has been taken, the writ petition is seeking to direct the first respondent to consider his representation dated 14.05.2018.

4. Heard Mr.E.Balamurugan, learned Special Government Pleader for the respondents 1 to 3.

5. It is the fact that there is 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 first 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 copy of this order, after issuing notice to the petitioner and also affording an opportunity of hearing to the petitioner, if any interested in the matter.

6.With the above directions, this writ petition stands disposed of. No costs.

vsn/bri Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The District Collector, The Office of the Collectorate, Coimbatore.

2.The Sub-collector, The officer of the Collectorate, Pollachi, Coimbatore District.

3.The Thasildar, Pollachi.

4.The Commissioner, Pollachi Municipality Office, Pollachi +1cc to Mr.S.Nagarajan, Advocate, S.R.No.80698 +1cc to the Government Pleader, S.R.No.81435 W.P.No.31113 of 2018 VGII(CO) KAK(21/12/2018)