Madras High CourtWP(MD)/10737/2019disposed of

Gunasekaran, S/O.Balasingam, v. The District Collector,

2019-04-29Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.10737 of 2019 Gunasekaran ... Petitioner Vs 1.The District Collector, Ramanathapuram, Ramanathapuram District.

2.The Tahsildar, Ramanathapuram Taluk, Ramanathapuram District.

3.The Surveyor, Athangarai Group, Mandapam Birka, Ramanathapuram District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to identify the mets and bounds in respect of the 65 cents comprised in Survey No.118/3A in Old Patta No.113, New Patta No.443, by considering the Petitioner's representation dated 19.02.2019 within a time frame stipulated by this Court.

For Petitioner : Mr.I.Velpradeep For Respondents : Mr.M.Karuppasamy Government Advocate

ORDER

When the matter was taken up for hearing, the learned Government Advocate appearing for the respondents submitted there appears to be some opposition to the petitioner's request from private parties.

2.Taking note of the said submission, this Court directs the second respondent to undertake the petition mentioned survey exercise. If any opposition or resistance is encountered from third parties and the said opposition appears to have some basis, the second respondent shall relegate the parties to move the jurisdictional civil court. In any event, the second respondent shall pass orders on the petitioner's request on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that this Court has not gone into the merits of the matter. The rights of the parties have not been adjudicated. The second respondent is https://hcservices.ecourts.gov.in/hcservices/

directed to conclude the survey exercise as expeditiously as possible.

3.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (CRL SIDE) // True Copy // Sub Assistant Registrar(CS) To:

1.The District Collector, Ramanathapuram, Ramanathapuram District.

2.The Tahsildar, Ramanathapuram Taluk, Ramanathapuram District.

3.The Surveyor, Athangarai Group, Mandapam Birka, Ramanathapuram District.

+1cc to Mr.I.VELPRADEEP, Advocate, SR.No. 63962 +1cc to M/s.Special Government Pleader,SR.No.64956 W.P.(MD)No.10737 of 2019 29.04.2019 IAS KK/SAR/23.05.2019/ 2P- 6C https://hcservices.ecourts.gov.in/hcservices/