Madras High CourtWP(MD)/18085/2015disposed of

Chellammal, v. The District Collector,

2015-10-07Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :07.10.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.18085 of 2015 Chellammal ...Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.The Thasildar, Uthamapalayam Taluk, Theni District. ...Respondents Prayer:

This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the second respondent to survey the land comprised in Survey Nos.1329/1 and 1329/2 situates at Pannapuram Village, Uthamapalayam Taluk, Theni District by considering the petitioner's representation, dated 25.09.2015 within the period that may be stipulated by this Court. For petitioner : Mr.J.Imran Khan for Mr.R.Chandra Sekar For Respondents : Mr.M.Murugan, Government Advocate

ORDER

The Writ Petition has been filed praying for a Writ of Mandamus directing the second respondent to survey the land comprised in Survey Nos.1329/1 and 1329/2 situated at Pannapuram Village, Uthamapalayam Taluk, Theni District by considering the petitioner's representation, dated 25.09.2015 within a stipulated time.

2. Mr.M.Murugan, learned Government Advocate takes notice for the respondents.

3. By consent, the Writ Petition itself is taken up for final disposal.

4. Though very many contentions have been raised in the Writ Petition, at the time of making submissions, the learned counsel for the petitioner submitted that if a direction is given to the second respondent to consider the representation of the petitioner to survey the land, which belongs to the petitioner, within a stipulated time, that would suffice.

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5. Considering the submissions made by the learned counsel for the petitioner, without going into the merits of the averments made in the Writ Petition, this Court directs the second respondent to consider the representation of the petitioner, dated 25.09.2015, on merits and in accordance with law by affording an opportunity of hearing to all the necessary parties, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the claim made by the petitioner and it is for the second respondent to consider the same purely on merits.

With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar pm To 1.The District Collector, Theni District, Theni.

2.The Thasildar, Uthamapalayam Taluk, Theni District.

+1CC to Mr.R.Chandrasekar Advocate Sr.No.59047 +1CC to Spl.Government Pleader Sr.No.59336 GJM/GSV/PM/16.10.15-2P-5C W.P(MD).No.18085 of 2015 07.10.2015 https://hcservices.ecourts.gov.in/hcservices/