K.Rasu, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.6074 of 2017 K.Rasu ... Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Dindigul Division, Dindigul.

3.The Tahsildar, Natham Taluk, Dindigul District.

... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider petitioner's representation dated 01.03.2017 and consequently to survey his lands by fixing the four boundary of his land situated in Nadumandalam Village, Survey Nos. 1074-3A, 0.63 Hectare, 1074 3-B, 0.19.50 Hectare, 1074-3D, 0-5.50 Hectare, 1124-1, 0-11.50 Hectare 1054-4, 0-36.00 Hectare 1074-3C, 0-24.50 Hectare, 1074-6D, 0-67.50 Hectare.

For Petitioner : Mr.M.Senthil Ayyanar For Respondents : Mr.M.Alagathevan, Special Government Pleader *****

ORDER

The petitioner seeks for a Writ of Mandamus directing the respondents to survey and mark the boundaries, based on his application as well as representation dated 17.02.2017 and 01.03.2017, respectively.

2. Heard the learned Counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for the respondents.

3. The case of the petitioner is that there is neither civil suit nor rival claim whatsoever pending in respect of the property in question and as such, he has submitted an application dated 17.02.2017, followed by a representation dated 01.03.2017, for https://hcservices.ecourts.gov.in/hcservices/

measurement and survey of the property. Since the said application has not been considered so far, the petitioner is before this Court with the above prayer.

4. 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 to consider the application of the petitioner dated 17.02.2017 and pass appropriate orders regarding measurement of the property, on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Dindigul Division, Dindigul.

3.The Tahsildar, Natham Taluk, Dindigul District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 81660 +1cc to Mr.M.SENTHIL AYYANAR Advocate in SR. No. 81527 GK JS/MR.KKR/SAR.2/11.10.2017/2P-6C W.P.(MD)No.6074 of 2017 04.10.2017 https://hcservices.ecourts.gov.in/hcservices/