M.Kesavan, v. District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :11.10.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.18896 of 2017 M.Kesavan ... Petitioner Vs.
1. The District Collector, District Collectorate, Thanjavur.
2. The Assistant Director of Survey and Land Records, District Survey Office, Thanjavur District.
3. The Revenue Divisional Officer, Revenue Divisional Office, Pattukottai, Thanjavur District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance a writ of Mandamus, directing the second respondent to dispose of the representation dated 16.06.2015 on merits and in accordance with law with in a stipulated period of time.
For Petitioner : Mr.G.Thiruvarutselvan For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader
ORDER
This writ petition is filed seeking a writ of Mandamus, directing the second respondent to dispose of the representation dated 16.06.2015 on merits and in accordance with law with in a stipulated period of time.
2.The learned counsel appearing for the petitioner would submit that the petitioner owns a land in Survey Nos. 52-1A/1A, 52/1B, 58/2A situated at No.28, Natanikottai Villate, Peravurani, Thanjavur District. Alleging some encroachments by the adjoining land owner in his property, the petitioner requested the third respondent to survey and mark the boundaries and accordingly, survey was conducted and boundaries were marked. Having dissatisfaction over the conduct of survey, the petitioner sent a representation dated 16.06.2015 to the second respondent expressing his grievances and to conduct re-survey. Since no https://hcservices.ecourts.gov.in/hcservices/
action has been taken on his representation, the petitioner has come before this Court seeking directions to the respondent to resurvey the property. 3.The learned Special Government Pleader appearing for the respondents would submit that the representation of the petitioner has already been considered and disposed of by the respondents, which submission has been refuted by the learned counsel for the petitioner.
4.Considering the limited scope of the relief sought, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner dated 16.06.2015 on merits and in accordance with law, after affording due opportunity to the petitioner and also to the interested parties, if any and pass necessary orders within a period of four weeks from the date of receipt of a copy of this order, if the representation of the petitioner has not been disposed of yet and if it has already been disposed of, the respondents are directed to furnish a copy of the same to the petitioner within a period of two weeks from the date of receipt of a copy of this order. 5.With the above directions, the writ petition is disposed of. No Cost.
Sd/- Assistant Registrar() /True Copy/ Sub Assistant Registrar To
1. The District Collector, District Collectorate, Thanjavur.
2. The Assistant Director of Survey and Land Records, District Survey Office, Thanjavur District.
3. The Revenue Divisional Officer, Revenue Divisional Office, Pattukottai, Thanjavur District.
+1cc to Special Government Pleader, SR.No.82634. ORDER MADE IN W.P(MD)No.18896 of 2017 11.10.2017 dsk SDS/SKN/SAR 2/26.10.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/