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Madras High CourtWP(MD)/10936/2020disposed of

Karuppan v. The District Collector

2020-09-07Honourable Mr Justice D. Krishnakumar2 pages

W.P.(MD)No.10936 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :07.09.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.10936 of 2020 Karuppan ... Petitioner Vs 1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Dindigul West Taluk, Dindigul District.

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

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to consider the representation dated 04.08.2020 to measure the petitioner's land in S.No.44/2A of Seelpadi Village Dindigul West Taluk, Dindigul District and demarcate it with survey stones. For Petitioner :

Mr.Gopalan for Mr.K.Prabhakar For Respondents :

Mr.C.Ramesh Special Government Pleader

ORDER

This writ petition is filed to direct the respondents to measure and demarcate the land in S.No.44/2A situated at Seelpadi Village, Dindigul West Taluk, Dindigul District. 2.By consent, this writ petition is taken up for final disposal at the stage of admission itself.

3.According to the petitioner, with the relief sought for in the prayer, though he made a representation dated 04.08.2020 before the respondents, so far no action has been taken. Hence, the petitioner is before this Court.

4.The learned Special Government Pleader appearing for the respondents would submit that the aforesaid land will be measured on 15.09.2020, after issuing notice to the adjacent land owners. He has produced a copy of the proceedings of the 2nd respondent in Na.Ka.No.3988/2020/F dated 05.09.2020 in this regard. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.10936 of 2020 5.Recording the submission made by the learned Special Government Pleader, this Court, without expressing any opinion on the merits of the case, is inclined to pass the following directions:- i) the 2nd respondent is directed to consider the petitioner's representation dated 04.08.2020 and pass appropriate orders on merits and in accordance with law, after affording due opportunity of hearing to the petitioner and the rival parties, if any. If there is any objection from the rival parties, the 2nd respondent shall conduct an enquiry and communicate the decision of the same to the parties concerned;

(ii) the aforesaid exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order; 6.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) mm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, Dindigul District,Dindigul.

2.The Tahsildar, Dindigul West Taluk,Dindigul District.

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

+1 CC to M/s.GP ( SR-16222[F] dated 08/09/2020 ) W.P.(MD) No.10936 of 2020 07.09.2020 AP(15/09/2020) 2 P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2