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Madras High CourtWP(MD)/15617/2017disposed of

S.Ayyavu, S/O.Sethu, v. The District Collector

2017-08-21Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.15617 of 2017 S.Ayyavu ... Petitioner Vs.

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3. The Tahsildar, Virudhunagar District, Virudhunagar.

4. The Village Administrative Officer, Periya Perali Village, Virudhunagar Taluk & District.

5. R.Pandi

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 3rd respondent to survey the land in Survey No.798/1, Periya Perali Village, Virudhunagar Taluk and District and fix the boundaries within the stipulated period.

For Petitioner : Mr.G.Marimuthu For Respondents : Mr.A.Muthukaruppan Additional Government Pleader

ORDER

The petitioner seeks for a direction to the 3rd respondent to survey the land in Survey No.798/1, Periya Perali Village, Virudhunagar Taluk and District and fix the boundaries. 2.Mr.A.Muthukaruppan, learned Additional Government Pleader takes notice for the respondents. By consent, this Writ Petition is taken up for final disposal at the admission stage itself. 3.The petitioner would state that his grandfather Ramasamy had been in possession and enjoyment of the property to an extent of 21.00 ares in Survey No.798/1 situated at Periya Perali Village, Virudhunagar Taluk and District. He was issued patta in patta No.512. After the demise of his grandfather and his father, he has been enjoying the property.

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4.The petitioner would further state that he submitted a representation to the Tahsildar, Virudhunagar to fix the boundaries. Due to the boundary dispute, a peace committee meeting was also conducted by the third respondent. Since no action was taken on his application, he submitted a representation dated 26.07.2017. Despite the same, no favourable orders was passed, hence the present writ petition.

5.Considering the limited scope of the prayer sought for in this writ petition, this Court, without going into the merits of the matter, directs the third respondent to consider the petitioner's application dated 03.04.2017 and representation dated 26.07.2017 and take necessary 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.

5.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3. The Tahsildar, Virudhunagar District, Virudhunagar.

4. The Village Administrative Officer, Periya Perali Village, Virudhunagar Taluk & District.

+1cc to Mr.M.Jothi Basu, Advocate Sr.No.73626 +1cc to Spl.Government Pleader Sr.No.73866 SSS/SKN VB/SV/MMS/SAR1/22/09/2017/2P/7C W.P.(MD)No.15617 of 2017 21.08.2017 https://hcservices.ecourts.gov.in/hcservices/