Elanchezhian v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2015
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.(MD)No.14418 of 2015 ELANCHEZHIAN .. Petitioner Vs.
1. THE DISTRICT COLLECTOR, SIVAGANGAI DISTRICT, SIVAGANGAI.
2. THE TAHSILDAR, THIRUPPATHUR TALUK, SIVAGANGAI DISTRICT.
3. THE TALUK DEPUTY INSPECTOR OF SURVEY, THIRUPPATHUR TALUK, SIVAGANGAI DISTRICT.
4. THE INSPECTOR OF POLICE, S.V.MANGALAM POLICE STATION, SIVAGANGAI DISTRICT.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 3 to measure the petitioners land in S.No.566/30 to the extent of 00.01.20 hectare of Maruthipatti Village, S.V.Mangalam Village Group, Thiruppathur Taluk, Sivagangai District with the help of the 4th respondent.
For Petitioner : Mr.V.Kannan For Respondents : Mr.S.Kumar Additional Government Pleader
O R D E R
This writ petition has been filed for a writ of Mandamus directing the respondents 1 to 3 to measure the petitioners land in S.No.566/30 to the extent of 00.01.20 hectare of Maruthipatti Village, S.V.Mangalam Village Group, Thiruppathur Taluk, Sivagangai District with the help of the 4th respondent.
2.The petitioner is the owner of the house site land comprised in S.No.566/30 to an extent of 00.21.20 Hecares of Maruthipatti Villalge, S.V.Mangalam Village Group, Thiruppathur Taluk, Sivagangai District. The house property was given by the Government as assignment in the year 2001 through the proceedings of the Tahsildar, Thiruppathur dated 10.03.2001. The said property is in possession and enjoyment of the petitioner. While so, now the petitioner by paying necessary fees, on 04.08.2015 has requested the respondents to measure his land in Survey No.566/30 to an extent of 00.01.20 hectare of Maruthipatti Village, S.V.Mangalam Village Group, Thiruppathur Taluk, Sivagangai District with the help of the 4th https://hcservices.ecourts.gov.in/hcservices/
respondent. But the said request was not considered so far. Hence, the petitioner has come forward with this writ petition. 3.Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents. 4.Considering the facts and circumstances of the case, without going into the merits of the matter, this Court directs the petitioner to give a fresh representation along with a copy of this order to the respondents, within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the respondents are directed to consider the representation of the petitioner with regard to measurement of the petitioner's land in Survey No.566/30 to an extent of 00.01.20 hectare of Maruthipatti Village, S.V.
Mangalam Village Group, Thiruppathur Taluk, Sivagangai District with the help of the 4th respondent, 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. Sd/- Assistnat Registrar /True Copy/ Sub Assistant Registrar To
1. THE DISTRICT COLLECTOR, SIVAGANGAI DISTRICT, SIVAGANGAI.
2. THE TAHSILDAR, THIRUPPATHUR TALUK, SIVAGANGAI DISTRICT.
3. THE TALUK DEPUTY INSPECTOR OF SURVEY, THIRUPPATHUR TALUK, SIVAGANGAI DISTRICT.
4. THE INSPECTOR OF POLICE, S.V.MANGALAM POLICE STATION, SIVAGANGAI DISTRICT.
+1cc to Mr.V.Kannan, Advocate SR.No.46165 +1cc to The Special Government Pleader, Madurai. SR.No.46333 W.P.(MD)No.14418 of 2015 12.08.2015 rj2 NS/AAL-MPA/SAR(I)/28.08.2015: 2P/7C https://hcservices.ecourts.gov.in/hcservices/