S.Balu v. The Distrct Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.7694 of 2015 S.Balu ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Madurai.

3.The Tahsildar, Vadipatti Taluk, Madurai.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the third respondent to survey the petitioner's land in Survey No.384/4 D, Old Survey No.290/4.pa. in Patta No.315, situated in Irumpadi Post, Vadipatti Taluk, Madurai District, based on the petitioner's representation dated 22.10.2013, within the time stipulated by this Court. For Petitioner : Mr.N.Mariappan For Respondents : Mr.D.Muruganandham, Addl. Govt. Pleader, takes notice

O R D E R

This writ petition is filed seeking a Writ of Mandamus to direct the third respondent to survey the petitioner's land in Survey No.384/4 D, Old Survey No.290/4.pa. in Patta No.315, situated in Irumpadi Post, Vadipatti Taluk, Madurai District, based on the petitioner's representation dated 22.10.2013, within the time stipulated by this Court.

2. Mr.D.Muruganandham, learned Additional Government Pleader takes notice for the respondents.

3. By consent of both the parties, this writ petition is taken up for hearing at the stage of admission itself.

4. Heard both sides.

5. The petitioner made the representation dated 22.10.2013, to the third respondent seeking survey of his land.

6. The learned Counsel for the petitioner would submit that it would be suffice, if the representation of the petitioner dated 22.10.2013, is disposed of by the third respondent as per law. https://hcservices.ecourts.gov.in/hcservices/

7. Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the third respondent to consider the representation of the petitioner dated 22.10.2013 for survey of his land, and pass appropriate orders on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order. If any third party will be affected by the nature of the relief sought for by the petitioner or by any order to be passed, the authority shall hear such person to avoid the allegations of violation of principles of natural justice.

8. The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar To 1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Madurai.

3.The Tahsildar, Vadipatti Taluk, Madurai.

+1cc to MR.N.MARIAPPAN, ADVOCATE IN SR : 24420 +1CC TO THE SPECIAL GOVERNMENT PLEADER, IN SR : 24869 Rsb SR/SAR I : 14.05.2015 : 2p/6c W.P(MD)No.7694 of 2015 30.04.2015 https://hcservices.ecourts.gov.in/hcservices/