Madras High CourtWP(MD)/3843/2017disposed of

Sai Kannan, S/O.Kathiresan 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.3843 of 2017 Sai Kannan ... Petitioner -vs1.The District Collector Madurai District Madurai 2.The Thasildar Usilampatti Taluk Office Usilampatti, Madurai 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 survey the petitioner's land in Old Survey No.339/4, New Survey No.339/7C, situating in Veppanoothu Village, Usilampatti Taluk, Madurai District, and consequently to fix its boundaries as per the revenue records by considering the petitioner's applications, dated 08.11.2016, within the stipulated time.

For Petitioner :

Mr.K.M.Senthil Vinayagam 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 survey the petitioner's land, comprised in Old Survey No.339/4 and New Survey No.339/7C of Veppanoothu Village, Usilampatti Taluk, Madurai District and consequently to fix its boundaries as per the revenue records, by considering his representation, dated 08.11.2016, within the stipulated time.

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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 to the rival claimants if any.

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 08.11.2016 and to pass orders on the same on merits and in accordance with law, after affording due opportunity 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 krk To:

1.The District Collector, Madurai District, Madurai.

2.The Thasildar, Usilampatti Taluk Office, Usilampatti, Madurai District.

+1cc to Mr.M.S.Jeyakarthik, Advocate Sr.No. 12483 +1cc to Spl.Government Pleader Sr.No. 12326 JAM/20.03.17 /BS/ 2p-5c W.P.(MD) No.3843 of 2017 03.03.2017 https://hcservices.ecourts.gov.in/hcservices/