N.Vadamalai Chettiar, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVEN W.P.(MD).No.21729 of 2017 N.Vadamalai Chettiar

...Petitioner

Vs.

1. The District Collector, Trichy, Trichy District.

2. The Tahsildar, Marungapuri Taluk Office, Marungapuri Taluk, M.Kallupatti, Trichy District.

...Respondents

PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the second respondent to survey the land in S.F.No.271/2 to an extent of 3 Acres, situated at Edaiyapatti Village, Marungapuri Taluk, Trichy District, within a period that may be stipulated by this Hon'ble Court.

For Petitioner : Mr.S.Gopalamanikandan For Respondents : Mr.M.Alagathevan, Special Government Pleader ***

O R D E R

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

2. Heard the learned Counsel appearing for the petitioner and Mr.M.Alagathevan, learned Special Government Pleader, who takes notice for the respondents.

3. The case of the petitioner is that he is the lease holder, in respect of the property in S.F.No.271/2, situated at Edaiyapatti Village, Marungapuri Taluk, Trichy District and according to him, neither civil suit nor rival claim whatsoever is https://hcservices.ecourts.gov.in/hcservices/

pending in respect of the property in question and as such, he has submitted an application, followed by a representation dated 11.09.2017, for measurement of the property. Since the same has not been considered so far, the petitioner is before this Court with the above prayer.

4. When the matter is taken up for hearing today, the learned Counsel for the petitioner submitted that it would suffice, if his representation dated 11.09.2017 is disposed of by the respondents, on merits.

5. 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 11.09.2017 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, on payment of necessary fee, if not already paid.

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

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Trichy,Trichy District.

2. The Tahsildar, Marungapuri Taluk Office, Marungapuri Taluk, M.Kallupatti,Trichy District.

+ 1 cc TO Mr.S.Gopalamanikandan , Advocate in SR No. 89551 + 1 cc TO The Special Government Pleader in SR No. 89897 gk AE/KP/SAR2/11.12.2017/2P/5C W.P.(MD).No.21729 of 2017 27.11.2017 https://hcservices.ecourts.gov.in/hcservices/