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Madras High CourtWP(MD)/23511/2016disposed of

A.Nagoorkani v. The District Collector

2017-09-20Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2017

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.23511 of 2016 A.Nagoorkani : Petitioner -vs1.The District Collector, Sivagangai District, Sivagangai.

2.The Assistant Director, Land Survey, Collectorate Campus, Sivagangai District.

3.The Tahsildar, Manamadurai Taluk Office, Manamadurai, Sivagangai District. : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the respondents to measure the properties in Old Survey No.145/4 and New Survey No.145/6 to the extent of 0.02.5 Ares at Rajagambeeram Village, Manamadurai Taluk, Sivagangai District and demarcate the same by laying survey stone after giving opportunity to the neighbours and all the party concerned by considering the petitioner's representation, dated 29.08.2016. For Petitioner : Mr.N.Madhava Govindan For Respondents : Mr.C.Selvaraj Special Government Pleader

O R D E R

The prayer sought for in this writ petition is to direct the respondents to measure the properties of the petitioner comprised in in Old Survey No.145/4 (New Survey No.145/6) to an extent of 0.02.5 Ares at Rajagambeeram Village, Manamadurai Taluk, Sivagangai District and demarcate the same by laying survey stone, by considering his representation, dated 29.08.2016. 2.Heard Mr.N.Madhava Govindan, learned counsel for the petitioner and Mr.C.Selvaraj, learned Special Government Pleader for the respondents and perused the material on record. https://hcservices.ecourts.gov.in/hcservices/ 3.Learned counsel for the petitioner would submit that it would

suffice, if a direction is given to the 3rd respondent to consider the representation of the petitioner, dated 29.08.2016. 4.Learned Special Government Pleader would submit that the representation of the petitioner, dated 29.08.2016 would be considered in accordance with law.

5.In the light of the above facts, without going into the merits of the case, this court directs the 3rd respondent to consider the representation of the petitioner, dated 29.08.2016 and pass orders purely on merits and in accordance with law, after providing opportunity of hearing to the petitioner as well as to the necessary parties, if any, within a period of eight weeks from the date of receipt of the order copy.

6.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To, 1.The District Collector, Sivagangai District, Sivagangai.

2.The Assistant Director, Land Survey, Collectorate Campus, Sivagangai District.

3.The Tahsildar, Manamadurai Taluk Office, Manamadurai, Sivagangai District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 80882 +1cc to Mr.N.MADHAVA GOVINDAN Advocate in SR. No. 80044 er JS/GT/SAR.2/9.10.2017/2P-6C W.P.(MD)No.23511 of 2016 20.09.2017 https://hcservices.ecourts.gov.in/hcservices/