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Madras High CourtWP(MD)/12052/2022allowed

Mangaiyakarasi v. The District Collector

2022-07-08Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2022

CORAM

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN Mangaiyakarasi ... Petitioner Vs.

1.The District Collector, Tiruchirappalli.

2.The Special Tahsildar, Adhithiravidar Welfare, Thuraiyur, Trichy District.

3.The Tahsildar, Thuraiyur, Trichy District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to survey the house sites in Govindapuram, Hamlet of Thuraiyur Village S.F.No-42/30, 47/5 and 50/2, Trichy District and identify the Plot No.149 assigned to the petitioner by the proceedings of the second respondent Na.Ka.Aa.1317/92, dated 27.12.1995.

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For Petitioner : Mr.S.Muthukrishnan For Respondents : Mr.K.Balasubramani, Special Government Pleader.

ORDER

Heard the learned counsel on either side.

2. The petitioner was assigned the petition mentioned plot way back in the year 1995. It is the duty of the assigning authority to survey the area in question and earmark the allotted plot. Since such an exercise was not so far undertaken, the present Writ Petition has been filed.

3. As rightly pointed out by the learned Special Government Pleader appearing for the respondents, the petitioner, after having obtained an assignment order way back in the year 1995, ought to have come to the Court at an earlier point of time. Though the petitioner, on the face of it, is guilty of delay, still the authorities cannot abdicate their responsibility. 2/4

4. I therefore direct the respondents 2 and 3 to earmark and identify the petition mentioned plot and hand over the same to the petitioner. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. This Writ Petition is allowed accordingly. There shall be no order as to costs.

08.07.2022 Index : Yes / No Internet : Yes/ No Lm To 1.The District Collector, Tiruchirappalli.

2.The Special Tahsildar, Adhithiravidar Welfare, Thuraiyur, Trichy District.

3.The Tahsildar, Thuraiyur, Trichy District.

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G.R.SWAMINATHAN , J.

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