Abraham Xavier v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.06.2015

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD).Nos.10142 and 10174 of 2015 Abraham Xavier ... petitioner in W.P.(MD).No.10142/2015 Seethammal ... petitioner in W.P.(MD).No.10174/2015 Vs 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Radhapuram Taluk, Radhapuram, Tirunelveli District.

3.The Taluk Surveyor, Taluk Office, Radhapuram and Taluk, Tirunelveli District.

...

Respondent in both WPs W.P.(MD).No.10142 of 2015: This Writ Petition have been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to measure and fix the four boundaries of the land admeasuring hec 0.40.5 in S.No.1653/16, Hec.0.42.5 in S.No.1653/17 and Hec.0.38.5 in S.No.1653/18A totalling acre 3 at North Valliyoor Village, Radhapuram Taluk, Tirunelveli District, by considering the petitioners's representation dated 08.06.2015. W.P.(MD).No.10174 of 2015: This Writ Petition have been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondent to measure and fix the four boundaries of the land admeasuring hec 0.45.0 in S.No.1653/6, Hec.0.45.0 in S.No.1653/7 and Hec.0.23.5 in S.No.

1653/9A totalling acre 3 at North Valliyoor Village, Radhapuram Taluk, Tirunelveli District, by considering the petitioners's representation dated 08.06.2015. For both Writ Petitions :- For petitioners : Mr.S.R.Anbarasu W.P.(MD).No.10174 of 2015 For respondent : Mr.S.Bharathi Government Advocate W.P.(MD).No.10142 of 2015 For respondent : Mr.S.Chandrasekar Government Advocate https://hcservices.ecourts.gov.

COMMON ORDER The petitioners have come forward with the Writ Petitions directing the respondents to measure and fix the four boundaries for the lands owned by them.

2. The learned Government Advocates take notice for the respondents.

3. By consent, these Writ Petitions are taken up for final disposal.

4. The learned counsel appearing for the petitioners would submit that it would be suffice if the representation of the petitioners is disposed of, on merits and in accordance with law, within the time stipulated by this Court.

5. The learned Government Advocate appearing for the respondents would submit that the representation of the petitioners will be considered in accordance with law.

6. In view of the above, without going into the merits of the claim made by the petitioners in these Writ Petitions, the second respondent is directed to survey and measure the petitioners's property, by considering the representation of the petitioners, dated 08.06.2015, on merits and in accordance with law, after giving notice to the adjoining owners, within a period of six weeks from the date of receipt of a copy of this order.

With the above direction, these Writ Petitions stand disposed of. No costs.

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Radhapuram Taluk, Radhapuram, Tirunelveli District.

3.The Taluk Surveyor, Taluk Office, Radhapuram and Taluk, Tirunelveli District.

+2ccs to MR.S.R.Anbarasu,Advocate SR.Nos.33074,33073 +1cc to Special Govt.Pleader SR.No.32881,33268 W.P(MD).No10142 and 10174 of 2015 23.06.2015 ssm PA/PS/01.07.2015/2P/7C https://hcservices.ecourts.gov.in/hcservices/