Madras High CourtWP(MD)/13122/2017disposed of

A.Rajagopal, S/O.Alagar, v. The District Collector

2017-07-17Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.13122 of 2017 A.Rajagopal .. Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Madurai South Taluk, Madurai District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent to Survey No.147/4 and 147/5 to an extent of 0.10.5 and 0.19.0 Hectare situated at Anuppanadi Village, Madurai South Taluk, Madurai District by the District Head Surveyor based on the representation to the second respondent dated 04.07.2017 pursuant to the representation to the first respondent dated 23.12.2013.

For Petitioner : Mr.P.Muthuvijayapandian For Respondents : Mr.G.Muthukannan, Government Advocate.

ORDER

This writ petition is filed seeking a writ of Mandamus to direct the second respondent to survey the lands in Survey Nos.147/4 and 147/5 to an extent of 0.10.5 and 0.19.0 Hectares respectively, situated at Anuppanadi Village, Madurai South Taluk, Madurai District with the assistance of the District Head Surveyor, based on the representations of the petitioner dated 04.07.2017 and 23.12.2013.

2.Mr.G.Muthukannan, learned Government Advocate 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.

https://hcservices.ecourts.gov.in/hcservices/ 5.The petitioner made a representation dated 04.07.2017, to the second respondent for surveying the lands in Survey Nos.147/4

and 147/5 to an extent of 0.10.5 and 0.19.0 Hectares respectively, situated at Anuppanadi Village, Madurai South Taluk, Madurai District with the assistance of the District Head Surveyor. 6.The learned counsel for the petitioner would submit that it would be suffice, if the representation of the petitioner dated 04.07.2017, is disposed of by the second respondent as per law. The learned counsel for the petitioner would also submit that the petitioner has already paid necessary fee for the same. 7.Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the second respondent to consider the representation of the petitioner dated 04.07.

2017, and take necessary action, if necessary fee for measurement is paid by the petitioner and if found fit, after affording due opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of the charges paid by the petitioners. 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(T&P) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Madurai District, Madurai.

2. The Tahsildar, Madurai South Taluk, Madurai District.

+One cc to Mr.P.Muth Vijaya Pandian, Advocate, SR.No.65732 +One cc to The Special Government Pleader, SR.No.66120 smn RL/5C/2P/SKN/RSK/SAR1/21/7/2017 ORDER MADE IN W.P(MD)No.13122 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 17.07.2017