Madras High CourtWP(MD)/5697/2016disposed of

T.Kalimuthu, v. The District Collector,

2017-09-01Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD).No.5697 of 2016 T.Kalimuthu ... Petitioner Vs.

1. The District Collector, Dindigul District, Dindigul.

2. The Tahsildhar, Aathur Taluk, Dindigul District.

3. Vellaisamy

4. Seerengammal ... Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the second respondent to take appropriate steps to demark the properties and fix boundaries of the petitioner and his wife's properties in Survey No.334/12B to an extent of 62 cents & Survey No.331/1A2 to an extent of 30 cents situated at Veerakkal Village, Aathur Taluk, Dindigul District within the time stipulated by this Court by considering his representations dated 07.08.2015, 21.09.2015, 29.09.2015 and 01.12.2015.

For Petitioner : Mr.N.Sathish Babu For R-1 & R-2 : Mr.G.Muthu Kannan, Government Advocate For R-3 & R-4 : Mr.Babu Rajendran

O R D E R

The petitioner seeks a direction to the second respondent to take appropriate steps to demark the properties and fix boundaries based on his representations dated 07.08.2015, 21.09.2015, 29.09.2015 and 01.12.2015.

2. The petitioner is a Superintending Engineer retired from Tamil Nadu Highways Department. He owns punja land in Survey No.334/12B to an extent of 62 cents at Veerakkal Village, Aathur Taluk, Dindigul District and his wife K.Poomathy owns 30 cents in Survey No.331/1A2 in the same village. They were also issued with separate patta.

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3. The petitioner would further state that the respondents 3

and 4 are husband and wife, having their own lands adjacent to his land. Since the boundaries are disputed, he approached the second respondent with an application dated 07.08.2015 for demarcation of the property. The Surveyor attached to the second respondent also issued notice to the necessary parties. But thereafter, there is no progress. Hence, the petitioner sent representations dated 29.09.2015 and 02.11.2015. No response evoked. Hence, the present writ petition has been filed.

4. Heard Mr.N.Sathish Babu, learned counsel for the petitioner, Mr.G.Muthu Kannan, learned Government Advocate for the first and second respondent and Mr.Babu Rajendran, learned counsel for the respondents 3 and 4.

5. The learned counsel appearing for the respondents 3 and 4 has no objection for measurement of the property of the petitioner and for fixing the boundaries.

6. In view of the above submissions and in the light of the prayer sought for in this writ petition, this Court directs the second respondent to consider the application and take appropriate action after giving opportunity to all the necessary parties as expeditiously as possible within a period of twelve weeks from the date of receipt of a copy of this order.

7. Accordingly, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (AD-II) /True copy/ Sub Assistant Registrar To

1. The District Collector, Dindigul District, Dindigul.

2. The Tahsildhar, Aathur Taluk, Dindigul District.

+ 1 CC TO MR.Babu Rajendran, ADVOCATE IN SR No.76504 + 1 CC TO MR.N.Sathish Babu, ADVOCATE IN SR No.75981 SM MK/KP/SAR-4/2P/5C/20.09.2017 W.P.(MD)No.5697 of 2016 01.09.2017 https://hcservices.ecourts.gov.in/hcservices/