S.Vivekanandan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.22874 of 2017 S.Vivekanandan .. Petitioner Vs.

1. The District Collector, District Collector Campus, Theni.

2. The Thasildar, Bodinayakanur Taluk, Theni District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent to survey the petitioner's land in Nos.390, 391, 392/4 in Patta No.23 of Koolaiyanur Village, Bodinayakanur Taluk, Theni District measuring to an extent of 2 hectares and 24 cents and mark the four boundary of the same.

For Petitioner : Mr.K.Neethimohan For Respondents : Mr.M.Alagathevan, Special Government Pleader.

ORDER

This writ petition is filed seeking a writ of Mandamus to direct the second respondent to survey the petitioner's lands admeasuring 2 hectares and 24 cents, comprised in Survey Nos.390, 391 and 392/4, Koolaiyanur Village, Bodinayakanur Taluk, Theni District and mark the four boundaries of the same. 2.Mr.M.Alagathevan, learned Special Government Pleader, takes notice for the respondents.

3.By consent of both the parties, this writ petition is taken up for final hearing at the stage of admission itself. https://hcservices.ecourts.gov.in/hcservices/ 4.Heard both sides.

5.The petitioner made a representation, dated 24.10.2017, to the second respondent for measuring the petitioner's lands, admeasuring 2 hectares and 24 cents, comprised in Survey Nos.390, 391 and 392/4, Koolaiyanur Village, Bodinayakanur Taluk, Theni District.

6.The learned counsel for the petitioner would submit that it would be suffice, if the representation of the petitioner, dated 24.10.2017, is disposed of by the second respondent, as per law. The learned counsel for the petitioner would also submit that there is no civil suit pending with regard to the said lands and the petitioner has already paid necessary fee for the same. 7.Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the first respondent to consider the representation of the petitioner, dated 24.10.2017, and take necessary action, if necessary fee for measurement is paid by the petitioner and if found fit, after affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of eight weeks from the date of receipt of a copy of this order.

8.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, District Collector Campus, Theni.

2. The Thasildar, Bodinayakanur Taluk, Theni District.

+ 1 cc TO Mr.K.Neethimohan , Advocate in SR No. 92844 + 1 cc TO The Special Government Pleader in SR No. 93142 smn AE/SV MMS/SAR2/05.01.2018/2P/5C ORDER MADE IN W.P(MD)No.22874 of 2017 13.12.2017 https://hcservices.ecourts.gov.in/hcservices/