Madras High CourtWP(MD)/16267/2016disposed of

P.Raju, v. The Districrt Collector

2016-08-30Honourable Mr Justice M. Venugopal2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.16267 of 2016 P.Raju ... Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.The Tashildar, Theni, Theni District.

3.The Pirka Surveyor, Theni Taluk, Theni District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus, directing the Second Respondent to consider the Petitioner's representation, dated 04.08.2016 ie., to measure his land in Sy.No.231/2A at Unjampatti Village, Theni Taluk, Theni District. For Petitioner : Mr.S.Ramesh Babu, For Respondents : Mr.S.Kumar, Additional Government Pleader

O R D E R

Heard both sides. By consent, the main Writ Petition itself is taken up for final disposal. No counter-affidavit is filed on behalf of the Respondents.

2. According to the Petitioner, he had applied for issuance of patta before the Tahsildar, Theni, Theni District and the same was issued in his favour bearing Patta No.5231. He wants to measure his land for partition of the boundaries and to lay pillars in Survey No.231/2A situated at Unjampatti Village, Theni Taluk, Theni District.

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3. It appears that the Petitioner had remitted the prescribed free through challan before the Second Respondent on 04.08.2016 and made a request to measure his land as stated supra. However, no action appears to have been taken by the Second Respondent till date. Hence, he has filed the present Writ Petition before this Court.

4. Considering the fact that the Petitioner's representation, dated 04.08.2016 addressed to the Second Respondent/Tahsildar, Theni Taluk, Theni District, is pending for adjudication/consideration in the subject matter in issue, at this stage, this Court simpliciter in the interest of justice and fair play, directs the Second Respondent to look into the representation of the Petitioner, dated 04.08.2016 and to dispose of the same by passing a reasoned speaking order on merits, within a period of six weeks from the date of receipt of a copy of this order (Of course after adhering to the Principles of Natural Justice by issuing notice to the Petitioner and others concerned if any, if situation so warrants). Needless for this Court to make a significant mention that the Petitioner is to render his assistance and unstinted co-operation to the Second Respondent in the subject matter in issue.

With the above said Direction(s)/Observation(s), this Writ Petition stands disposed of. No Costs.

Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The District Collector, Theni District, Theni.

2.The Tashildar, Theni, Theni District.

3.The Pirka Surveyor, Theni Taluk,Theni District.

+1 cc to MR.S.RAMESH BABU, Advocate SR.No.48281 +1 cc to Special Government Pleader SR.No.48587 W.P(MD)No.16267 of 2016 30.08.2016 SMA/CK/SAR-I/31/08/2016 :2P/6C https://hcservices.ecourts.gov.in/hcservices/