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Madras High CourtWP(MD)/14363/2015disposed of

Arumanai Pandian v. The District Collector,

2015-08-12Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.(MD)No.14363 of 2015 ARANMANAI PANDIAN .. Petitioner Vs.

1. THE DISTRICT COLLECTOR, RAMANATHAPURAM DISTRICT, RAMANATHAPURAM.

2. THE REVENUE DIVISIONAL OFFICER, PARAMAKUDI DIVISION, PARAMAKUDI, RAMANATHAPURAM DISTRICT.

3. THE TAHSILDAR, KADALADI TALUK, RAMANTHAPURAM DISTRICT.

4. THE DEPUTY INSPECTOR OF SURVEY, KADALADI TALUK, RAMANATHAPURAM DISTRICT.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the Respondents 3 and 4 to survey the Petitioners property comprised in S.No.470/1A2 having an extent of 0.60.5 Hectare situated at Sayalkudi Village, Kadaladi Taluk, Ramanathapuram District and mark the boundaries.

For Petitioner : Mr.K.Govindarajan For Respondents : Mr.M.Murugan Government Advocate

O R D E R

This writ petition has been filed for a writ of Mandamus directing the Respondents 3 and 4 to survey the Petitioners property comprised in S.No.470/1A2 having an extent of 0.60.5 Hectare situated at Sayalkudi Village, Kadaladi Taluk, Ramanathapuram District and mark the boundaries.

2.Though very many contentions have been raised in this writ petition, the learned counsel for the petitioner submitted that if a direction is given to the second respondent to consider the representation of the petitioner dated 22.07.2015, that would suffice.

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3.Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents. 4.In view of the submission made by the learned counsel for the petitioner, I am of the considered opinion that there is no need for this Court to traverse through the entire averments made in the affidavit. Hence, considering the facts and circumstances of the case, without going into the merits of the matter, this Court directs the third respondent to consider the representation of the petitioner dated 22.07.2015 with regard to survey the petitioner's property comprised in S.No.470/1A2 having an extent of 0.60.

5 Hectare situated at Sayalkudi Village, Kadaladi Taluk, Ramanathapuram District and mark the boundaries, after conducting enquiry by affording opportunity to the petitioner and other necessary parties, if any, and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion about the merits of the case. 5.This writ petition stands disposed of accordingly. No costs.

1. THE DISTRICT COLLECTOR, RAMANATHAPURAM DISTRICT, RAMANATHAPURAM.

2. THE REVENUE DIVISIONAL OFFICER, PARAMAKUDI DIVISION, PARAMAKUDI, RAMANATHAPURAM DISTRICT.

3. THE TAHSILDAR, KADALADI TALUK, RAMANTHAPURAM DISTRICT.

4. THE DEPUTY INSPECTOR OF SURVEY, KADALADI TALUK, RAMANATHAPURAM DISTRICT.

+1CC TO MR.K.GOVINDRAJAN,ADVOCATE SR NO.46289 +1CC TO SPECIAL GOVERNMENT PLEADER SR NO.46334 W.P.(MD)No.14363 of 2015 12.08.2015 RG.20.08.2015 2P/7C.

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