Arumugam, S/O.Veerappa Pillai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVEN W.P.(MD).No.22189 of 2017 Arumugam

...Petitioner

Vs.

1. The District Collector, Thanjavur District, Thanjavur.

2. The Tahsildar, Pattukkottai Taluk, Pattukkottai, Thanjavur District.

3. The Taluk Surveyor, Pattukkottai Taluk, Pattukkottai, Thanjavur District.

...Respondents

PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 2 & 3 to survey the Petitioner's properties situate in S.No.65/3 to an extent of 3 Acres situate at Sarabendrarajanpattinam Village, Pattukkottai Taluk, Thanjavur District on the basis of the petitioner's representation dated 20.06.2017. For Petitioner :Mr.Deenadhayalan For Respondents :Mr.J.Gunaseelan Muthiah, Government Advocate ***

O R D E R

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

2. Mr.J.Gunaseelan Muthiah, learned Government Advocate, takes notice for the respondents.

3. According to the petitioner, the property in question belongs to him and according to him, neither civil suit nor rival claim, whatsoever, is pending in respect of the same and as such, he has submitted an application followed by several https://hcservices.ecourts.gov.in/hcservices/

representations, before the authorities, for measurement of the property. Since the same has not been considered so far, despite remittance of necessary fee, 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 20.06.2017 is disposed of by the second respondent, 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, more particularly, the second respondent to consider the representation of the petitioner dated 20.06.2017 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 other interested parties, if any, within a period of twelve 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(CO) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Thanjavur District,Thanjavur.

2. The Tahsildar, Pattukkottai Taluk, Pattukkottai,Thanjavur District.

3. The Taluk Surveyor, Pattukkottai Taluk, Pattukkottai,Thanjavur District.

+ 1 cc TO Mr.S.Deenadhayalan , Advocate in SR No. 90972 + 1 cc TO The Special Government Pleader in SR No. 91397 gk AE/SKN RSK/SAR1/20.12.2017/2P/6C W.P.(MD).No.22189 of 2017 05.12.2017 https://hcservices.ecourts.gov.in/hcservices/