V. Muthukumar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2019
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMAR V.Muthukumar ... Petitioner -Vs1.The District Collector, Madurai District, Madurai.
2.The Tahsildar, Melur Taluk, Madurai District.
3.The Taluk Surveyor, Melur Taluk, Madurai District.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to demarcate and fix the boundaries, by surveying the petitioner's land having extent of 9 acres i.e., 9810 sq.ft., situated in survey No.164/12B2, Keelavalavu Village, Melur Taluk, Madurai District on the basis of his representation dated 06.08.2019 within a time frame stipulated by this Court.
For Petitioner : Mr.R.Shankar Ganesh For Respondents : Mr.V.Anand Government Advocate
ORDER
The prayer sought for in this writ petition is that, to direct the respondents to demarcate and fix the boundaries, by surveying the petitioner's land to an extent of 9 acres i.e., 9810 sq.ft., situated in survey No.164/12B2, Keelavalavu Village, Melur Taluk, Madurai District, on the basis of his representation, dated 06.08.2019, within a time frame to be stipulated by this Court. 2.Heard Mr.R.Shankar Ganesh, learned counsel appearing for the petitioner and Mr.V.Anand, learned Government Advocate appearing for the respondents.
3.With the consent of both sides, this writ petition is taken up for final disposal at the admission stage itself. 4.The petitioner, in order to survey the land and identify the four boundaries for his land at survey No.164/12B2 to an extent of 9 1/3
acres i.e., 9810 sq.ft., situated at Keelavalavu Village, Melur Taluk, Madurai District, has given a representation on 06.08.2019 to the second respondent. Hence, the learned counsel for the petitioner submitted that, if the said representation is decided by the second respondent on merits, within a time frame to be stipuated by this Court, the petitioner would be satisfied. 5.I have heard Mr.V.Anand, learned Government Advocate appearing for the respondents, who would submit that, the said representation of the petitioner dated 06.08.2019 would be decided by the second respondent, within a time frame. 6.
Having regard to the said submissions made by both sides, this Court is inclined to dispose of this writ petition with the following directions:- "that the second respondent is hereby directed to consider the application/representation of the petitioner, dated 06.08.2019 and decide the same on merits and in accordance with law and accordingly, final order shall be passed thereon, within a period of six weeks from the date of receipt of a copy of this order, after giving notice to the petitioner as well as the rival claimants, if any."
7.With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) rmk To 1.The District Collector, Madurai District, Madurai.
2.The Tahsildar, Melur Taluk, Madurai District.
3.The Taluk Surveyor, Melur Taluk, Madurai District.
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+1 CC to SPL GP ( SR-82863[F] dated 21/08/2019 ) +1 CC to Mr.R. SHANKAR GANESH, Advocate ( SR-82989[F] dated 22/08/2019 ) 20.08.2019 MK (20.12.2019) 3P 6C 3/3