Madras High CourtWP(MD)/21052/2017disposed of

S.Kumaresan, v. The District Collector

2017-11-15Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.21052 of 2017 1.S.Kumaresan 2.S.Muthu Kumar ... Petitioners -vs1. The District Collector, Dindigul District.

2. The Tahsildar, Taluk Office, Vedasanthur Taluk, Dindigul District.

3. The Taluk Surveyor, Taluk Office, Vedasanthur Taluk, Dindigul District.

4.Muniappan ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 2 and 3 to measure and demarcate the property in accordance with law comprised in Survey Nos.902/1 and 902/2 which is situated at Palapatti Village, Vedasanthur Taluk, Dindigul District by considering the representation dated 05.10.2017 of the petitioners.

For Petitioner : Mr.S.Sivathilakar For Respondents 1 to 3 : Mr.M.Alagathevan, Special Government Pleader

O R D E R

This writ petition has been filed, seeking a direction to the respondents 2 and 3 to measure and demarcate the property in accordance with law, comprised in Survey Nos.902/1 and 902/2, which is situated at Palapatti Village, Vedasanthur Taluk, Dindigul District by considering the representation dated 05.10.2017 of the petitioners.

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2. Mr.M.Alagathevan, learned Special Government Pleader takes notice for R1 to R3. Notice to R4 is dispensed with, as no adverse order is going to be passed against him in this petition. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that he has submitted a representation dated 05.10.2017 to the concerned authority for measurement and demarcation of the property in question. Since the said representation has not been considered so far, the petitioner is before this Court with the above prayer.

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 expressing any opinion on the merits of the matter, directs the 2nd respondent to consider the application/representation of the petitioner dated 05.10.2017 and pass suitable orders regarding measurement and demarcation of the property, of course, on payment of necessary cost/fee by the petitioner, 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, R4 and other interested parties, if any.

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, Dindigul District.

2. The Tahsildar, Taluk Office, Vedasanthur Taluk, Dindigul District.

3. The Taluk Surveyor, Taluk Office, Vedasanthur Taluk, Dindigul District.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 87600 + 1 CC TO Mr.S.SIVATHILAKAR, ADVOCATE IN SR No. 87694 AR TE/SKN-RSK/SAR-2 : 24/11/2017 : 2P/6C W.P(MD)No.21052 of 2017 15.11.2017 https://hcservices.ecourts.gov.in/hcservices/