Madras High CourtWP(MD)/11897/2020disposed of

G.Subbaiyan v. The District Collector,

2020-09-17Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.09.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.11897 of 2020 G.Subbaiyan ... Petitioner Vs.

1.The District Collector, Thanjavur, Collector Office Campus, Trichy Road, Thanjavur.

2.The Tahsildar, Orathanadu Taluk, Taluk Office, Orathanadu, Thanjavur 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 measure the property in S.No.157/3 and S.No.157/20 of Avidanallavijayapuram Village, Orathanadu Taluk, Thanjavur District and fix the boundaries.

For Petitioner : Mr.P.Vadivel For Respondents : Mr.P.Kannidevan, Additional Government Pleader

ORDER

This writ petition is filed seeking for a direction to direct the respondents to measure the property in S.No.157/3 and S.No.157/20 situated at Avidanallavijayapuram Village, Orathanadu Taluk, Thanjavur District and fix the boundaries. 2.Mr.P.Kannidevan, learned Additional Government Pleader takes notice for the respondents. By consent, this Writ Petition is taken up for final disposal at the stage of admission itself. 3.The learned counsel appearing for the petitioner would submit that the petitioner has purchased the property in S.No.157/3 and S.No.157/20 situated at Avidanallavijayapuram Village, Orathanadu Taluk, Thanjavur District. In order to fence the property, the petitioner wants to fix the boundaries. In this regard, the petitioner has approached the second respondent on 26.06.2020 for measuring the property. He has also paid the necessary charges to the respondents.

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4.The learned Additional Government Pleader appearing for the respondents would submit that the petitioner's application would be considered and final order will be passed on merits and in accordance with law, within a time frame to be fixed by this Court. 5.In agreement with the submission made by the learned Additional Government Pleader, without expressing any opinion on the merits of the case, this Court is inclined to pass the following direction:- (i) The second respondent shall survey and fix the boundaries, as claimed in the petitioner's application, after affording due opportunity of hearing to the petitioner and the interested parties, if any. If there is any objection from the rival parties, the second respondent shall conduct enquiry and take final decision and communicate the same to the parties concerned. (ii) The aforesaid exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. 6.This Writ Petition is disposed of, with the above directions. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) das 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, Thanjavur, Collector Office Campus, Trichy Road, Thanjavur.

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2.The Tahsildar, Orathanadu Taluk, Taluk Office, Orathanadu, Thanjavur District.

+1 CC to SPL GP ( SR-17464[F] dated 18/09/2020 ) W.P.(MD) No.11897 of 2020 17.09.2020 VB (06.10.2020) 3P 4C 3/3