Madras High CourtWP(MD)/16895/2017disposed of

A.Vetri, v. The District Collector,

2017-09-07Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.16895 of 2017 A.Vetri ... Petitioner Vs.

1.The District Collector Theni District, Theni.

2.The Tahsildar, Aandipatti Taluk, Aandipatti, Theni District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent herein to directing the respondents to demarcate the property survey No. 602/10 having the extent of 3 cents situated at Kannur Village Theni District and to issue a report with boundaries, within the time stipulated by this Honourable Court. For Petitioner : Mr.A.Joseph Jerry For Respondents : Mr.G.Muthukannan, Govt. Advocate ******

O R D E R

This writ petition has been filed, seeking to direct the respondents to conduct the survey on the basis of the application of the petitioner dated 07.08.2017.

2. Heard the learned counsel for the petitioner and the learned Special Government Advocate appearing for the respondents. By consent, the writ petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that there is neither civil suit nor rival claim whatsoever pending in respect of the property in question and as such, he has submitted an application dated 07.08.2017 for measurement and survey of the property. Since the said application has not been considered so far, the petitioner is https://hcservices.ecourts.gov.in/hcservices/

before this Court with the above prayer.

4. Considering the facts and circumstance of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the matters, directs the second respondent to consider the application/representation of the petitioner dated 07.08.2017 and pass suitable orders regarding measurement of the property on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and any of the interested parties.

5. With the above direction, this petition is disposed of. No costs.

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

1.The District Collector Theni District, Theni.

2.The Tahsildar, Aandipatti Taluk, Aandipatti, Theni District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 77644 +1cc to Mr.A.JOSEPH JERRY Advocate in SR. No.77151 RM/AR JS/JC/SAR.4/18.09.2017/2P-5C W.P(MD)No.16895 of 2017 07.09.2017 https://hcservices.ecourts.gov.in/hcservices/