Chellaiah Thevar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2017 C O R A M THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.23540 of 2017 Chellaiah Thevar ... Petitioner Vs.

1. The District Collector Tirunelveli, Tirunelveli District.

2. The Tahsildar Sankarankovil (TK), Tirunelveli District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the constitution of India, to issue a writ of Mandamus, directing the 2nd Respondent to measure the land in Survey No.425-2A1, 425-2B1, 442, 425-1A, 425-2A3, 425-2B3 at Vadavathalaivanpatti, Thevarkulam, Sankarankovil Taluk, Tirunelveli District based on petitioner's online application made by the petitioner to the 2nd Respondent on 02.11.2017.

For Petitioner :

Mr.P.T.Thiraviam 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 an online application dated 02.11.2017, before the authorities, for measurement of his property. Since the same has not been considered so far, the petitioner is before this Court with the above prayer.

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4. When the matter is taken up for hearing today, the learned Counsel for the petitioner submitted that it would suffice, if his application dated 02.11.2017 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 application of the petitioner dated 02.11.2017 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(CS-III) /True Copy/ Sub Assistant Registrar To

1. The District Collector Tirunelveli, Tirunelveli District.

2. The Tahsildar Sankarankovil (TK), Tirunelveli District.

+ 1 cc TO Mr.P.T.Thiraviam , Advocate in SR No. 93940 + 1 cc TO The Special Government Pleaderin SR No. 94841 gk AE/KKR/SAR2/09.01.2018/2P/5C W.P.(MD)No.23540 of 2017 20.12.2017 https://hcservices.ecourts.gov.in/hcservices/