N.M.Samy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Writ Petition (MD) No.13405 of 2015 N.M.Samy ... Petitioner Vs 1.The District Collector, Dindigul District.

2.The Thasildar, Oddanchathiram Taluk, Dindigul District.

3.The Taluk Surveyor, Oddanchathiram Taluk, Dindigul District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the second and third respondents to conduct survey the petitioner's land in Survey Nos.367/1 and 367/2 of Sinthalavadampatty Village, Oddanchathiram Taluk within a stipulated period. For petitioner : Mr.S.R.Suresh Kumar For respondents : Mr.S.Chandrasekar Government Advocate.

ORDER

Heard the learned counsel appearing for the petitioner and Mr.S.Chandrasekar, learned Government Advocate for the respondents. By consent, the writ petition itself is taken up for final disposal at the admission stage itself. 2.The prayer in the writ petition is to direct the second and third respondents to conduct survey the petitioner's land in Survey Nos.367/1 and 367/2 of Sinthalavadampatty Village, Oddanchathiram Taluk within a stipulated period. 3.The petitioner has made a representation to the respondents dated 20.04.2015 seeking to survey the land in respect of his property in question. It is specifically submitted by the learned counsel for the petitioner that there is no rival claim nor any suit pending in respect of the subject matter. Therefore, learned counsel for the petitioner seeks the indulgence of this https://hcservices.ecourts.gov.in/hcservices/

Court for a direction to the respondents to consider the representation of the petitioner and pass appropriate orders on merits.

4.Considering the facts and circumstances of the case and without expressing any opinion as to the merits of the contentions raised by the petitioner, the writ petition is disposed of directing the respondents to consider the representation of the petitioner dated 20.04.2015 on merits and in accordance with law, and pass appropriate orders, after giving opportunity to the petitioner as well as the interested parties if any, within a period of six weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To 1.The District Collector, Dindigul District.

2.The Thasildar, Oddanchathiram Taluk, Dindigul District.

3.The Taluk Surveyor, Oddanchathiram Taluk, Dindigul District.

+1 CC TO MR.S.R.SURESH KUMAR, ADVOCATE, SR NO:42558 +1 CC TO M/S.SPL.GOVT.PLEADER, SR NO:42558 sms JAM/21.8.15/2P-6C Writ Petition (MD) No.13405 of 2015 31.07.2015 https://hcservices.ecourts.gov.in/hcservices/