Madras High CourtWP(MD)/21522/2017disposed of

A.Chinnakaruppan v. The District Collector

2017-11-22Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.21522 of 2017 A.Chinnakaruppan ... Petitioner Vs.

1. The District Collector, Madurai District,Madurai.

2. The Tahsildar, East Taluk Office, Madurai East Taluk, Y.Othakadai, Madurai District.

3. The Taluk Surveyor, East Taluk Office, Madurai East Taluk, Y.Othakadai, Madurai District.

4.B.Vijikumar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, to direct the 2nd respondent to survey the property of the petitioner in survey No.31/2B to an extent of 0.04.5 Ares with help of surveyor and police protection by considering petitioner's representation dated 01.11.2017.

For Petitioner : Mr.K.Selvam For Respondents : Mr.M.Alagathevan (for R1 to R3) Special Government Pleader

ORDER

This writ petition has been filed, seeking to direct the 2nd respondent to survey the property of the petitioner in survey No.31/2B to an extent of 0.04.5 Ares with help of surveyor and police protection by considering petitioner's representation dated 01.11.2017.

2.Heard both sides.

3.By consent, the writ petition is taken up for final disposal at the stage of admission itself.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned counsel for the petitioner would submit that the petitioner sent a representation dated 01.11.2017 to the

respondents, alleging that the fourth respondent is interfering with the possession of the petitioner's property and sought to survey his property. He has also paid necessary charges towards the same. Since no action is taken on his representation, the petitioner is before this Court.

5.The learned Special Government Pleader appearing for the respondents 1 to 3, on instructions, submitted that the petitioner's representation would be considered on merits and in accordance with law.

6.Considering the limited scope of the relief sought in this writ petition, this Court, without going into the merits of the case, directs the second respondent to consider the petitioner's representation dated 01.11.2017 and pass appropriate orders, on merits 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 six weeks from the date of receipt of a copy of this order.

7. The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Madurai District,Madurai.

2. The Tahsildar, East Taluk Office, Madurai East Taluk, Y.Othakadai, Madurai District.

3. The Taluk Surveyor, East Taluk Office, Madurai East Taluk, Y.Othakadai, Madurai District.

+ 1 cc TO Mr.K.Selvam , Advocate in SR No. 88686 + 1 cc TO The Special Government Pleader in SR No. 89074 dsk AE/SKN RSK/SAR1/07.12.2017/2P/6C ORDER MADE IN W.P(MD)No.21522 of 2017 22.11.2017 https://hcservices.ecourts.gov.in/hcservices/