Madras High CourtWP(MD)/3836/2017disposed of

Rakkammal v. The District Collector

2017-03-03Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD) No.3836 of 2017 Rakkammal ... Petitioner -vs1.The District Collector Virudhunagar District Virudhunagar 2.The Thasildar Srivilliputhur, Virudhunagar District ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of writ of mandamus to direct the second respondent to take appropriate action for surveying the petitioner's land and fixing boundary stones in Survey No.1315, Ward No.5, Mathur Village, Srivilliputhur Taluk, Virudhunagar District, proceed with the same as per law within the time frame. For Petitioner :

Mr.R.Venkatesan For Respondents :

Mr.T.S.Mohammed Mohideen Addl. Govt. Pleader

O R D E R

Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader, takes notice for the respondents. With the consent of both sides, the writ petition is taken up for final hearing at the admission stage itself.

2. The prayer in the writ petition is for issuance of a writ of mandamus to direct the second respondent to take appropriate action for surveying and fixing boundary stones in the petitioner's land, comprised in Survey No.1315, Ward No.5 of Mathur Village, Srivilliputhur Taluk, Virudhunagar District within a stipulated period.

3. It is needless to say that it is for the second respondent to consider the petitioner's representation and to pass orders on the same on merits and in accordance with law after affording due opportunity of hearing to the rival claimants if any. https://hcservices.ecourts.gov.in/hcservices/

4. Accordingly, the writ petition is disposed of, without expressing any view on the claim made by the petitioner, only with a direction to the second respondent to consider the petitioner's representation, dated 23.12.2016 and to pass orders on the same on merits and in accordance with law, after affording due opportunity of hearing to the rival claimants if any, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(C) /True Copy/ Sub Assistant Registrar To:

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Thasildar, Srivilliputhur, Virudhunagar District.

+1cc to Mr.R.Venkatesan, Advocate Sr.No. 12786 +1cc to M/S THE SPECIAL GOVERNMENT PLEADER, SR.NO. 12325 krk AE/RR/20.03.2017/2P/5C W.P.(MD) No.3836 of 2017 03.03.2017 https://hcservices.ecourts.gov.in/hcservices/