Madras High CourtWP(MD)/13463/2015disposed of

K.Murugesan v. The District Collector

2015-07-31Honourable Mr Justice R. Mahadevan2 pages

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

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Writ Petition (MD) No.13463 of 2015 K.Murugesan ...

Petitioner Vs.

1. The District Collector, Dindigul District.

2. The Tahsildar, 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 3rd respondents to conduct survey the land in survey nos. 36 37 44 45 46 51 52 53 and 56 in Tha. Puthukkottai Village Oddanchathiram Taluk. For Petitioner : Mr.S.R.Sureshkumar For Respondents : Mrs.S.Bharathi, Government Advocate.

ORDER

Heard the learned counsel appearing for the petitioner and Mrs.S.Bharathi, learned Government Advocate for the respondents. By consent, the writ petition itself is taken up for final disposal at the admission stage.

2.The prayer in the writ petition is to direct the respondents 2 and 3 to conduct survey of the land in survey Nos.36, 37, 44, 45, 46, 51, 52, 53 and 56 in Tha.Puthukkottai Village, Oddanchathiram Taluk. 3.The petitioner has made a representation to the respondents dated 13.07.2015 seeking survey the land in respect of the 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 Court for a direction to the respondents to consider the representation of the petitioner and pass appropriate orders on merits.

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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 2 and 3 to consider the representation of the petitioner dated 13.07.2015 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 /True Copy/ Sub Assistant Registrar To

1. The District Collector, Dindigul District.

2. The Tahsildar, Oddanchathiram Taluk, Dindigul District.

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

+1cc to Mr.S.R.Sureshkumar, Advocate SR.No.42557 +1cc to Special Government Pleader, Madurai Bench of Madras High Court, Madurai. SR.No.43972 Writ Petition (MD) No.13463 of 2015 31.07.2015 sms NS/17.08.2015 : 2p/6c https://hcservices.ecourts.gov.in/hcservices/