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Madras High CourtWP(MD)/16226/2019disposed of

K.R.Subbaiah v. The District Collector

2020-01-30Honourable Mrs Justice Pushpa Sathyanarayana3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:30.01.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA K.R.Subbaiah ... Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.The Tahsildar, Uthamapalayam Taluk, Uthamapalayam, 3.The Commissioner, Chinnamanoor Town, 4.The Town Surveyor, Chinnamanoor, Theni District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents herein, more particularly the respondents 3 and 4 to survey and demarcate the petitioner's property comprised in S.No.36, W-C Block 2, Old S.No.545/2 situated at Ward No.C, Chinnamanoor Town, Uthamapalayam Taluk, Theni District in accordance with law by considering the petitioner's application dated 02.05.2019 and as per notice in F.L.No.1516/19 dated 02.05.2019 issued by the office of the third respondent. For Petitioner : Mr.P.Mahendran For R-1 & R-2 : Mr.R.Murugan, Additional Government Pleader For R-3 & R-4 : Mr.M.Karuppasamy Pandian

ORDER

Heard the learned appearing for the petitioner, the learned Additional Government Pleader appearing for the respondents 1 and 2 and the learned standing counsel appearing for the respondents 3 and 4.

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2. The petitioner seeks for a direction to the respondents 3 and 4 to survey and demarcate the petitioner's property comprised in S.No.36, W-C Block 2, Old S.No.545/2 situated at Ward No.C, Chinnamanoor Town, Uthamapalayam Taluk, Theni District by considering the petitioner's application dated 02.05.2019 and as per notice in F.L.No.1516/19 dated 02.05.2019 issued by the office of the third respondent.

3. Considering the limited scope of the prayer sought for, without going into the merits of the case, the respondents 3 and 4 are directed to consider the application of the petitioner dated 02.05.2019 and pass appropriate orders on the same, on merits and in accordance with law, after affording opportunity of personal hearing to the petitioner as well as all the persons concerned and complete the survey and demarcate the property, within a period of eight weeks from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. No Costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) pm To:

1.The District Collector, Theni District, Theni.

2.The Tahsildar, Uthamapalayam Taluk, Uthamapalayam, 3.The Commissioner, Chinnamanoor Town, 2/3

4.The Town Surveyor, Chinnamanoor, +1 CC to MR.P.MAHENDRAN, Advocate ( SR-4139[F] dated 31/01/2020 ) 30.01.2020 KM/(13.02.2020) 3P 6C 3/3