Pradeep Raja, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2017
CORAM:
THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD) No.11524 of 2017 Pradeep Raja ... Petitioner -vs1. The District Collector, Theni District, Theni.
2. The Tahsildar, Uthamapalayam Taluk, Theni District.
3. The Land Surveyor, Tahsildar Office, Devaram Circle, Uthamapalayam Taluk, Theni District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondents to survey the petitioner's land measuring 2 acres and 14 cents comprised in Survey No.530/4 in Devaram Village, Uthamapalayam Taluk, Theni District and demarcate the same by laying survey stone after giving opportunity to the neighbours and all the party concerned by considering the petitioner's representation dated 17.06.2017 within the stipulated period as fixed by this Court.
For Petitioner :
Mr.M.M.Saravanan For Respondents :
Mr.M.Alaga Thevan Special Government Pleader
O R D E R
The prayer in the writ petition is for issuance of Writ of Mandamus directing the respondents to survey the land of the petitioner in Survey No.530/4 of Devaram Village, Uthamapalayam Taluk, Theni District, as per his representation dated 17.06.2017.
2. The case of the petitioner is that the land measuring an extent of 2 acres and 14 cents in Survey No.530/4 of Devaram Village is his ancestral property and he has been in possession and enjoyment of the same and he also pays the tax to the Authorities.
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3. The petitioner would state that since the possession of the petitioner was disturbed by the third parties, on 22.05.2017 he applied and also remitted the necessary fees in the Sub Registrar's Office to survey his land. On 06.06.2017, the third respondent issued notice to the adjacent land owners, however there is no progress as on date. Hence, he made a representation to the respondents on 17.06.2017. Since no favourable order was passed, the present Writ Petition has been filed by the petitioner.
4. Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader, who takes notice for the respondents.
5. Considering the prayer sought for in the writ petition and the submissions of the learned Counsel appearing for the petitioner, this Court, without going into the merits of the case, directs the second respondent to consider the representation of the petitioner dated 17.06.2017 and pass orders on merits and in accordance with law within a period of six 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(AE) /True Copy/ Sub Assistant Registrar To
1. The District Collector, Theni District, Theni.
2. The Tahsildar, Uthamapalayam Taluk, Theni District.
3. The Land Surveyor, Tahsildar Office, Devaram Circle, Uthamapalayam Taluk, Theni District.
+1cc to Mr.M.M.Saravanan, Advocate Sr.No.61418 SSL VB/GT/SAR4/04.07.2017/2P/5c W.P(MD)No.11524 of 2017 22.06.2017 https://hcservices.ecourts.gov.in/hcservices/