Madras High CourtWP(MD)/15830/2017disposed of

M.Jeyaraj, S/O.Michel (Late) v. The District Collector

2017-08-23Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.15830 of 2017 M.Jeyaraj ... Petitioner Vs.

1.The District Collector, Madurai District.

2.The Tahsildar, Vadipatti Taluk, Madurai District.

... Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the second respondent to survey the measurement and mark the boundary in respect of survey No.554/47, (Old Survey No.22/4A Part) of Thorayapatta No.1452 situated in V.O.C.Street, Mullipallam village, Sholavandan, Vadipatti Taluk, Madurai District or to consider the representation dated 27.07.2017. For Petitioner : Mr.R.Santhanam For Respondents : Mr.C.Selvaraj Spl. Govt. Pleader

O R D E R

The petitioner seeks for a direction to the second respondent to survey the measurement and mark the boundary in respect of survey No.554/47, (Old Survey No.22/4A Part) of Thorayapatta No.1452 situated in V.O.C.Street, Mullipallam village, Sholavandan, Vadipatti Taluk, Madurai District or to consider the representation dated 27.07.2017.

2.Mr.C.Selvaraj, learned Special 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 he along with his family members purchased a house in survey No.554/47 situated at V.O.C. Street, Mullipallam Village, Sholavandan, Vadipatti Taluk, Madurai District, through a registered sale deed No.335/1980. The petitioner's neighbour one Perumal encroached the lane situated near the property of the petitioner and also filed a suit in O.S.No.198/2010 against the petitioner. The said suit was dismissed after trial and thereafter, the petitioner approached the respondents to survey the property, after paying necessary https://hcservices.ecourts.gov.in/hcservices/

charges. In this regard, a representation dated 27.07.2017 was also given to the respondents. Since no action has been taken, the present writ petition.

4.In the light of the above facts, this Court, without going into the merits of the matter, directs the second respondent to consider the representation of the petitioner dated 27.07.2017 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.

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

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To 1.The District Collector, Madurai District.

2.The Tahsildar, Vadipatti Taluk, Madurai District.

+1cc to Mr.R.SANTHANAM,Advocate,SR.74038 +1cc to M/S.Special Government Pleader,SR.74665 W.P.(MD)No.15830 of 2017 23.08.2017 SKN KK/SKN RSK/SAR 2/08.09.2017/ 2P- 5C https://hcservices.ecourts.gov.in/hcservices/