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Madras High CourtWP(MD)/6800/2017disposed of

Marikannu, v. The District Collector

2017-04-13Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD).No.6800 of 2017 Marikannu ... Petitioner Vs.

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Kulathur Taluk, Pudukkottai District. ... Respondents Prayer: Writ Petition is filed under Article 226 Constitution of India for issuance of a Writ of Mandamus, to direct the respondents to survey the petitioner's land situated at Vellanur Village, Kulathur Taluk, Pudukkottai District in patta No.176 in Survey No.296/1F, Punjai, with an extent of 5 cents out of 32 cents by considering the petitioner's representation dated 19.09.2016.

For Petitioner : Mr.M.Ramu For Respondents : Mr.K.Mahesh Raja Government Advocate

O R D E R

The writ petitioner approached this Court for issuance of Writ of Mandamus to direct the respondents to survey the petitioner's land situated at Vellanur Village, Kulathur Taluk, Pudukkottai District in patta No.176 in Survey No.296/1F, Punjai, with an extent of 5 cents out of 32 cents by considering the petitioner's representation dated 19.09.2016.

2. According to the petitioner, he purchased a land situated at Vellanur Village, Kulathur Taluk, Pudukkottai District in Patta No.176 in Survey No.296/1F, Punjai, with an extent of 5 cents out of 32 cents. After purchase of the land, the petitioner requested the vendors to separate the property purchased by him to avoid any dispute from other parties, who claim ownership to the larger extent of the property, by which only 5 cents have been purchased by him. In the circumstances, in order to avoid any dispute with the third parties he had applied for survey on his land and he has also remitted necessary fees to survey his land, https://hcservices.ecourts.gov.in/hcservices/

for which a receipt was issued to the petitioner on 19.09.2016. According to the petitioner, so far, no action has been forthcoming from the second respondent and till date no survey has taken place as per the request of the petitioner. 3.Mr.K.Mahesh Raja, learned Government Advocate appearing for the respondents would submit that he has no objection to consider the representation of the petitioner.

4. In view of the submissions made by both the learned counsels and in view of the limited prayer sought in this writ petition, the second respondent is directed to survey the boundaries of the subject land after giving notice to any other interested parties in the land and shall complete the process and indicate the same to the petitioner within a period of four weeks from the date of receipt of a copy of this order.

5. With these directions, this writ petition is disposed of. No Costs.

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

2.The Tahsildar, Kulathur Taluk, Pudukkottai District.

+1 CC to M/s.M.RAMU, Advocate, SR No. 51987 +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No. 52266 PJL PSM/RSK/15.05.2017/2P/5C W.P.(MD).No.6800 of 2017 13.04.2017 https://hcservices.ecourts.gov.in/hcservices/