Eswaran Pillai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)No.21450 of 2016 Easwaran Pillai ... Petitioner Vs.

1. The District Collector, Sivagangai District, Sivagangai.

2. The Tahsildar, Ilayangudi Taluk, Sivagangai District.

3. The Taluk Deputy Inspector of Survey, Ilayangudi Taluk, Sivagangai District.

... Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the second respondent to consider the petitioner's representation, dated 15.02.2016 to measure the petitioner's land in Survey No.36/5 to the extent of 11 cents of Keelanettur Village Group, Ilayangudi Taluk, Sivagangai District. For Petitioner : Mr.V.Kannan For Respondents : Mr.V.Muruganandham Additional Government Pleader

ORDER

Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents. 2.By consent, the Writ Petition itself is taken up for final disposal.

3.The petitioner claims to be the owner of the property to an extent of 11 cents of Keelanettur Village Group, Ilayangudi Taluk, Sivagangai District.

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4.According to the petitioner, there was a civil dispute between the parties, which was now ended in favour of the petitioner in A.S.No.50 of 2009 on the file of the Sub Court, Sivagangai by Judgment, dated 30.08.2010. Hence, the petitioner has filed an application to measure his land and also paid necessary fees. The said application is pending before the second respondent and the second respondent did not take any action so far. Hence, the petitioner has filed this Writ Petition.

5.In the above circumstances, without going into the merits of the case, the second and third respondents are directed to consider the application of the petitioner, dated 15.02.2016 and pass appropriate orders, with regard to survey of the land and to fix boundaries as per revenue records, after issuing notice to the neighbouring land owners. Such exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Sivagangai District, Sivagangai.

2. The Tahsildar, Ilayangudi Taluk, Sivagangai District.

3. The Taluk Deputy Inspector of Survey, Ilayangudi Taluk, Sivagangai District.

+ 1 CC TO Mr.V.KANNAN, ADVOCATE IN SR No. 67340 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 67442 PS TE/PV : 29/11/2016 : 2P/6C W.P(MD)No.21450 of 2016 09.11.2016 https://hcservices.ecourts.gov.in/hcservices/