Madras High CourtWP(MD)/5094/2022disposed of

Ayyasamy.M v. The District Collector

2022-03-23Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.5094 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.5094 of 2022 M.Ayyasamy ... Petitioner Vs.

1. The District Collector, Karur District.

2. The Tahsildar, Krishnarayapuram Taluk, Karur District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to conduct an enquiry based on the petitioners representation dated 29.01.2022 and pass appropriate orders within a time frame stipulated by this Hon'ble Court and pass such further or other orders to survey his land in S.No. 544/3C in Chinthalavadi Village and to issue separate patta to his land in S.No. 544/2C14 in Chinthalavadi Village within a time frame stipulated by this Hon'ble Court.

For Petitioner : Mrs.S.Devasena For Respondents : Mr.M.Lingadurai Special Government Pleader

O R D E R

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to survey the petitioner's land in S.No. 544/3C in Chinthalavadi Village and to issue separate patta to his land in S.No.544/2C14 in Chinthalavadi Village within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 29.01.2022 seeking for survey and demarcation of boundaries in respect of the aforementioned property which he claims that it belongs to him absolutely. Since the said representation has not been considered till date, this writ petition has been filed. 3.Heard Mrs.S.Devasena, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader who accepts notice on behalf of the respondents.

4.The petitioner has produced documents in support of his case that he is the owner of the aforementioned property. He has sought https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.5094 of 2022 for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 29.01.2022 for the said purpose.

5.No prejudice would be caused to the respondents if the representation of the petitioner dated 29.01.2022 is considered on merits and in accordance with law after hearing the petitioner as well as the rival claimants if any.

6.Accordingly, this Court directs the second respondent to survey and fix the boundaries in the petitioner's property in S.No. 544/3C in Chinthalavadi Village and to consider the representation of the petitioner with regard to issuance of separate patta to his land in S.No.544/2C14 in Chinthalavadi Village, after giving notice to the petitioner and rival claimants, if any, within a period of twelve [12] weeks from the date of receipt of a copy of this order. 7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) To

1. The District Collector, Karur District.

2. The Tahsildar, Krishnarayapuram Taluk, Karur District.

+1 CC to M/s.SPL GP ( SR-14522[F] dated 25/03/2022 ) W.P.[MD]No.5094 of 2022 23.03.2022 KG(CO) KB(04.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2