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Madras High CourtWP/32600/2018disposed of

P.Athimulam v. The District Collector

2018-12-10Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.12.2018 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.32600 of 2018 P.Athimulam

...Petitioner

Vs.

1.The District Collector, Collectorate, Salem District, Salem-1.

2.The Tahsildar, Taluk Office, Attur Town, Salem District. ...Respondents PRAYER: This Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the second respondent herein to consider the petitioner's representation dated 05.01.2016 and the reminder representations dated 31.07.2017, 12.11.2018 in the light of the Government Order dated 08.07.2011 made in G.O.Ms.No.210, Revenue Department and name transfer Patta No.1736, bearing 302/10, admeasuring .98 cents of land, which is situated in Siruvachur Village, Attur Taluk & Salem District belongs to the petitioner.

For Petitioner : Mr.A.Rajakumar For Respondents :

Mr.E.Balamurugan,Spl.GP.

O R D E R

Heard, Mr.A.Rajakumar, the learned counsel appearing for the petitioner and Mr.E.Balamurugan, the learned Special Government Pleader, who accepts notice on behalf of the respondents.

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

3. The prayer sought for in this Writ Petition is for the issuance of a Writ of Mandamus to direct the respondents to take appropriate action upon the petitioner's representation dated 05.01.2016 and the reminders dated 31.07.2017, 12.11.2018 respectively, to survey his land comprised in Patta No.1736, bearing 302/10, admeasuring .98 cents of land, situated at https://hcservices.ecourts.gov.in/hcservices/

Siruvachur Village, Attur Taluk & Salem District and for issuance of transfer of Patta in favour of the petitioner.

4. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 05.01.2016 and the reminders dated 31.07.2017, 12.11.2018 respectively, for surveying his land, but, the same are yet to be disposed of by the respondents. Hence, the petitioner is before this Court.

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 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, 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 five 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.

dn Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To 1.The District Collector, Collectorate, Salem District, Salem-1.

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

+1cc to the Government Pleader, S.R.No.85492 W.P.No.32600 of 2018 vsnII(CO) kak(06/02/2019) https://hcservices.ecourts.gov.in/hcservices/