Madras High CourtWP(MD)/15430/2017disposed of

K.Chandrasekaran, v. The District Collector,

2017-08-17Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.15430 of 2017 K.Chandrasekaran ... Petitioner Vs.

1.The District Collector, Collectorate Building, Virudhunagar District.

2.The Tahsildar, Taluk Office, Srivilliputhur Taluk, Srivilliputhur, Virudhunagar District.

3.The Head Surveyor, Taluk Office, Srivilliputhur Taluk, Srivilliputhur, Virudhunagar District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to survey and demarcate the land comprised in Old Natham Survey No.239/1, New Survey No.1347/2 to an extent of 2784 sq.ft. in Naidu North Street, Maharajapuram, Srivilliputhur Taluk, Virudhunagar District on the basis of the petitioner's representation dated 03.07.2017 after receiving necessary charges from the petitioner and pass orders as this Court. For Petitioner :Mr.A.Balaji For Respondents :Mr.A.Muthukaruppan Additional Government Pleader

ORDER

The petitioner seeks for a direction to the second respondent to survey and demarcate the land to an extent of 2784 sq.ft. comprised in Old Natham Survey No.239/1, New Survey No.1347/2 situated at Naidu North Street, Maharajapuram, Srivilliputhur https://hcservices.ecourts.gov.in/hcservices/

Taluk, Virudhunagar District, on the basis of his representation dated 03.07.2017.

2.The learned counsel appearing for the petitioner would state that he purchased the land to the extent of 2784 sq.ft in old Natham Survey No.239/1, New Survey No.1347/2 situated at Naidu North Street, Maharajapuram, Srivilliputhur Taluk, Virudhunagar District through a registered sale deed, dated 03.10.1989. Since then he is in possession and enjoyment of the same. 3.The learned counsel appearing for the petitioner would further state that the petitioner wanted to fence his property and therefore, he applied to the respondents on 28.06.2017 after paying necessary fees. The second respondent also issued a receipt for payment of charges. Since no action has been taken, the petitioner also he sent a representation to the respondents 1 and 2 on 03.07.2017 to survey the property of the petitioner. Despite the same, no action was taken. Hence, the present writ petition.

4.Heard Mr.A.Balaji, learned counsel appearing for the petitioner and Mr.A.Muthukaruppan, learned Additional Government Pleader appearing for the respondents.

5.Considering the limited scope of the prayer sought for by the petitioner, this Court, without going into the merits of the matter, directs the second respondent to consider the representation of the petitioner dated 03.07.2017 and take appropriate action on merits and in accordance with law, after providing opportunity to all necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Collectorate Building, Virudhunagar District.

2.The Tahsildar, Taluk Office, Srivilliputhur Taluk, Srivilliputhur, Virudhunagar District.

3.The Head Surveyor, Taluk Office, Srivilliputhur Taluk, Srivilliputhur, Virudhunagar District. +One cc to M/s.A.Balaji, Advocate, SR.No.72758 +One cc to The Special Government Pleader, SR.No.73227 sss/skn RL/6C/2P/MR/KKR/SAR1/4/9/2017 W.P.(MD)No.15430 of 2017 17.08.2017 https://hcservices.ecourts.gov.in/hcservices/