Madras High CourtWP(MD)/19868/2017disposed of

R.Karikalan, v. The District Collector,

2017-10-30Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.19868 of 2017 R.Karikalan ... Petitioner Vs.

1.The District Collector, Theni District.

2.The Tahsildar, Uthamapalayam, Theni District.

3.The Taluk Deputy Inspector, Land-Survey Department, Tahsildar Office, Uthamapalayam, Theni District.

... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the 3rd respondent to survey and demarcate the land in Survey No. 2275 & 2274/1 with an extent of 2 Acre and 86 cents situated at Melakoodalur Village, Uthamapalayam, Theni District.

For Petitioner : Mr.G.Thiruvarutselvan For Respondents : Mr.T.S.Mohamed Mohideen, Additional Government Pleader *****

ORDER

By consent, this writ petition itself is taken up for final disposal.

2.Mr.T.S.Mohamed Mohideen, learned Additional Government Pleader takes notice for the respondents.

3.The case of the petitioner is that there is neither civil suit nor rival claim whatsoever pending in respect of his property in Survey Nos. 2275 & 2274/1 measuring an extent of 2 Acre and 86 cents situated at Melakoodalur Village, Uthamapalayam, Theni District and as such, he has submitted a representation dated 19.09.2017, for measurement and survey of the property and has also paid the necessary fee. Since the said representation has not been considered so far, the petitioner is before this Court with the above prayer.

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4. Considering the facts and circumstances of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without going into the merits of the petitioner's claim, directs the respondents to consider the representation of the petitioner dated 19.09.2017 and pass appropriate orders regarding measurement of the property, on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the interested parties, if any, within a period of eight weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Theni District.

2.The Tahsildar, Uthamapalayam, Theni District.

3.The Taluk Deputy Inspector, Land-Survey Department, Tahsildar Office, Uthamapalayam, Theni District.

+1cc toMr.G.Thiruvarutselvan Advocate in SR. No. 84306 GK JS/KP/SAR.1/10.11.2017/2P-5C W.P.(MD)No.19868 of 2017 30.10.2017 https://hcservices.ecourts.gov.in/hcservices/