M.Devaraj v. District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.12.2018

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P. No.33008 of 2018 and W.MP.No.38268 & 38269 of 2018 1.M.Devaraj 2.M.Gunasekaran .. Petitioners Vs.

1. District Collector, Office of the Collectorate,

2. District Revenue Officer, Uthangarai Taluk,

3. The Thasildhar, Uthangarai Taluk, .. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 3rd respondent to survey the land measuring an extent of 0.35.00 Hectares comprised in S.No.126/4E, an extent of 0.72.50 Hectares comprised in S.No.127/4C, an extent of 0.61.50 Hectares comprised in S.No.126/6G, an extent of 0.86.00 Hectares comprised in S.No.125/4, an extent of 0.78.00 Hectares comprised in S.No.126/5 in all measuring 3.44.00 Hectares =8 Acres 50 cents in Komampattu Village, Uthangarai Taluk, Krishnagiri District, to fix the boundaries and to lay survey stones at the cost of the petitioners as per the representation dated 01.11.2018 pending disposal of the above writ petition. For Petitioner : Mr.N.Ishtiaq Ahmed For Respondents : Mr.S.Sureshkumar

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 the issuance of a Writ of Mandamus to direct the third respondent to survey the land measuring to the extent of 0.35.00, 0.72.50, 0.61.50, 0.86.00 and 0.78.00 hectares comprised in S.Nos.126/4E, 127/4C, 126/6G, S.No.125/4 and S.No.126/5, in all measuring 3.44.00 Hectares, 8 Acres 50 cents situated in Komampattu Village, Uthangarai Taluk, Krishnagiri District, to fix the boundaries and to lay survey stones at the cost of the petitioners as per the representation dated 01.11.2018.

3. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 01.11.2018 seeking to survey the lands, fix the boundaries and to lay the survey stones, but, the same is yet to be disposed of by the third respondent. It is stated that the petitioners have paid necessary charges to survey their lands vide challan dated 18.05.2018. Hence, the petitioners have filed this Writ Petition seeking for the relief stated supra.

4. Heard Mr.S.Sureshkumar, learned counsel on behalf of the respondents.

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 petitioners herein waiting their properties to be surveyed. Hence, the third 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 petitioners 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.

6. With the above direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are also closed.

s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar srn/av To

1. The District Collector, Office of the Collectorate,

2. The District Revenue Officer, Uthangarai Taluk,

3. The Thasildhar, Uthangarai Taluk, +1 CC to The Govt. Pleader sr 86727.

+1 CC to Mr.N.Ishtiaq Ahamed, Advocate sr 85890. W.P. No.33008 of 2018 and W.MP.No.38268 & 38269 of 2018 SSD(CO) SP(08/01/2019)