R.Suryanarayanan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.12.2017 C O R A M THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.23163 of 2017 R.Suryanarayanan ... Petitioner Vs.

1. The District Collector Virudhunagar District, Virudhunagar.

2. The Tahsildar Srivilliputhur Taluk, Virudhunagar District.

3. The Surveyor Srivilliputhur Taluk, Virudhunagar District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the constitution of India, to issue a writ of Mandamus, directing the respondents to consider petitioner's representation dated 18.09.2017 and to survey and to demarcate the boundary line of the petitioner's properties at Survey No.1137/2A1 measuring to an extent of 42 cents at Achamthavilthan Village, Srivilliputhur Taluk, Virudhunagar District.

For Petitioner :

Mr.R.Prabu Ramachandran For Respondents :

Mr.T.S.Mohamed Mohideen, Additional Government Pleader

O R D E R

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

2. Mr.T.S.Mohamed Mohideen, learned Additional Government Pleader, takes notice for the respondents.

3. According to the petitioner, the property in question belongs to him and neither civil suit nor rival claim, whatsoever, is pending in respect of the same and as such, he has submitted a representation dated 18.09.2017, before the authorities, for survey as well as for demarcating the property. Since the same has not been considered so far, despite remittance of necessary fee, https://hcservices.ecourts.gov.in/hcservices/

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 18.09.2017 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 18.09.2017 and pass appropriate orders, 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(T&P) /True Copy/ Sub Assistant Registrar To

1. The District Collector Virudhunagar District, Virudhunagar.

2. The Tahsildar Srivilliputhur Taluk, Virudhunagar District.

3. The Surveyor Srivilliputhur Taluk, Virudhunagar District.

+ 1 cc TO The Special Government Pleader in SR No. 93741 + 1 cc TO Mr.R.Prabu Ramachandran , Advocate in SR No. 93380 gk AE/SV MMS/SAR2/05.01.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/ W.P.(MD)No.23163 of 2017 18.12.2017