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Madras High CourtWP(MD)/7048/2018disposed of

N.Mahalingam, v. The District Collector

2018-04-02Honourable Mr Justice M. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2018

CORAM

THE HON'BLE MR.JUSTICE M.SUNDAR W.P.(MD) No.7048 of 2018 N.Mahalingam ... Petitioner -Vs1. The District Collector, Theni, Theni District.

2. The Tahsildar, Periyakulam Taluk, Theni District.

3. The Taluk Surveyor, Periyakulam Taluk, Theni District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a writ of Mandamus directing the respondents to survey and demarcating the properties No.310/2D having extent of 0.23.50 Ares and Survey No.310/1H having extent of 0.2.00 Ares situated in Thenkarai Village, Periyakulam Taluk, Theni District and to issue separate patta in th petitioner's name on considering his representation dated 18.12.2017.

For Petitioner : Mr.R.Sankar Ganesh For Respondents : Mr.J.Padhmaavathi Devi, Special Government Pleader

O R D E R

Heard Mr.R.Shankar Ganesh, learned counsel appearing for the petitioner and Mrs.J.Padhmaavathi Devi, learned Special Government Pleader, who accepts notice on behalf of respondents. 2.The subject matter of the writ petition pertains to a representation dated 18.12.2017. The lands which are subject matter of the writ petition are Survey No.310/2D admeasuring an extent of 0.23.50 Ares or thereabouts and Survey No.310/1H admeasuring 0.2.00 Ares or thereabouts, both situate in Thenkarai Village, Periyakulam Taluk, Theni District.

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3.The writ petitioner vide the aforesaid representation dated 18.12.2017 had approached the District Collector, Theni, who is the first respondent before me. The representation has moved down the hierarchy and finally vide proceedings dated 05.01.2018, bearing reference O.Mu.No.6594/201/A1, the Revenue Divisional Officer, has directed the jurisdictional Tahsildar, to consider the representation and submit a report.

4.Learned Counsel for writ petitioner submits that he will be satisfied, if there is a direction to respondents 2 and 3 before me i.e jurisdictional Tahsildar and Taluk Surveyor to dispose of the aforesaid representation dated 18.12.2017 in accordance with law within the time frame.

5.There can be no two opinions that the aforesaid request is innocuous and therefore, there is no serious need for State Counsel to resist this request.

6.Respondents 2 and 3 are directed to dispose of the aforesaid representation dated 18.12.2017 given by the writ petitioner, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. 7.Accordingly, this writ petition is disposed of. No costs. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Theni, Theni District.

2. The Tahsildar, Periyakulam Taluk, Theni District.

3. The Taluk Surveyor, Periyakulam Taluk, Theni District.

+ 1 cc TO Mr.R.Shankar Ganesh , Advocate in SR No. 59361 + 1 cc TO The Special Government Pleader in SR No. 59539 dsk/vvk AE/SKN RSK/SAR1/13.04.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/ W.P.(MD) No.7048 of 2018 02.04.2018