Madras High CourtWP(MD)/16331/2019disposed of

Thangavel v. The District Collector

2019-07-23Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.16331 of 2019 Thangavel ... Petitioner -Vs1.The District Collector, 2.The Tahsildar, Rajapalayam Taluk, 3.The Sub Inspector of Survey, Rajapalayam Tahsildar Office, Rajapalayam, 4.The Village Administrative Officer, Venganallur Village, Rajapalayam Taluk, ... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents to perform the survey measurement and demarcate the four boundaries in the petitioner's land in S.F.No.154/2 and Patta No.1546 extent of 46-1/2 cent out of 92.66 cent land of South Venganallur Village, Rajapalayam Taluk, Virudhunagar District in the light of the sale deed document No.1015 of 1941 dated 08.08.1941. For Petitioners : Mr.P.Mahendran For Respondents : Mr.B.Bhagawathy, G.A.

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the respondents to perform the survey measurement and demarcate the four boundaries in the petitioner's land in S.F.No.154/2 and Patta No.1546 extent of 46-1/2 cent out of 92.66

cent land of South Venganallur Village, Rajapalayam Taluk, Virudhunagar District in the light of the sale deed document No.1015 of 1941 dated 08.08.1941.

2.Heard Mr.P.Mahendran, learned counsel appearing for the petitioner and Mr.B.Bhagawathy, learned Government Advocate appearing for the respondents.

3.The petitioner, in order to demarcate and identify the four boundaries of his land in S.F.No.154/2 to extent of 46-1/2 cent s at South Venganallur Village, Rajapalayam Taluk, Virudhunagar District, has given a representation to the respondents on 21.06.2019 and in this regard, the learned counsel appearing for the petitioner would submit that, if the said representation is decided by the respondents, especially, the 2nd respondent and final order is passed, on merits and in accordance with law, within a time frame, the petitioner would be satisfied. 4.I have heard the learned Government Advocate appearing for the respondents, who would submit that, the request of the petitioner dated 21.06.2019, would be decided on merits, after hearing the petitioner as well as the rival claimants, if any, within a time frame to be stipulated by this Court. 5.Considering the limited prayer sought for in this writ petition, with the consent of both sides, this writ petition is disposed of, at the admission stage itself, with the following direction:

"The 2nd respondent is hereby directed to consider the representation of the petitioner dated 21.06.2019 and decide the same, on merits and in accordance with law, of course, after hearing the petitioner as well as the rival claimants, if any and final order shall be passed thereon, within a period of six weeks from the date of receipt of a copy of this order."

6.With this direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) To 1.The District Collector,

2.The Tahsildar, Rajapalayam Taluk, 3.The Sub Inspector of Survey, Rajapalayam Tahsildar Office, Rajapalayam, 4.The Village Administrative Officer, Venganallur Village, Rajapalayam Taluk, +1 CC to M/s.P.MAHAENDRAN, Advocate ( SR-76844[F] dated 23/07/2019 ) +1 CC to M/s.SPL GP ( SR-77290[F] dated 24/07/2019 ) ARUL Order made in W.P.(MD)Nos.16331 of 2019 Dated:

23.07.2019 KM/(06.09.2019) 3P 7C