P.Anbalagan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03.09.2019
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR P.Anbalagan ... Petitioner vs.
1.The District Collector, Collectorate Building, Trichy District.
2.The Tahsildar, Srirangam Taluk Office, Srirangam, Trichy District.
3.The Head Surveyor, Taluk Office, Srirangam Taluk, Trichy District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to survey the land in Survey No.141/77A1 to an extent of 1 Acre 28 Cents as per the relinquishment deed vide document No.2130 of 2012 out of 54 Acres and 19 Cents situated at Koppu South Village, Srirangam Taluk, Tiruchirappalli District on the basis of the petitioner's representation dated 25.07.2019. For Petitioner : Mr.V.Muthusamundeeswaran For Respondents : Mr.M.Pandiarajan Additional Government Pleader
ORDER
Mr.V.Muthusamundeeswaran, learned Counsel on record for the writ petitioner is before this Court.
2. Mr.M.Pandiarajan, learned Additional Government Pleader, accepts notice on behalf of all the three respondents.
3. With consent of learned counsel on both sides, main writ petition is taken up, heard out and is being disposed of.
4. The main writ petition turns on very narrow compass, as it is one seeking mandamus qua disposal of writ petitioner's 1/3
representation dated 25.07.2019, wherein what according to the writ petitioner are his lands have been sought to be surveyed.
5. Notwithstanding several averments made in the affidavit filed in support of the writ petition, notwithstanding several grounds raised / contentions urged in the affidavit filed in support of instant writ petition, learned Counsel for the writ petitioner abridges the scope of the writ petition and submits that it will suffice if the second respondent is directed to dispose of the representation of the writ petitioner, dated 25.07.2019 with requests, details of which have been set out supra.
6. The learned State Counsel also submitted that the second respondent is the authority who shall consider the aforementioned representation dated 25.07.2019 made by the writ petitioner ( page No.12 of the typed set of papers forming part of the case file).
7. It is made clear that in the course of the representation being considered by the second respondent, if the rights of any other third party / parties or any other third party entity / entities is likely to be affected, the second respondent shall give reasonable opportunity to such third party / parties or any other third party entity/entities, before disposing of the aforementioned writ petitioner's representation though obviously, it is made clear that this Court has not expressed any opinion or view on the merits of the matter.
8. The aforesaid representation dated 25.07.2019 shall be disposed of by the second respondent on its own merits and in accordance with law as expeditiously as possible and in any event, within a period of eight weeks from the date of receipt of a copy of this order.
9. The proceeding / order shall be duly communicated by the office of the second respondent to the writ petitioner under due acknowledgement within seven working days from the completion of aforesaid exercise.
10. Instant Writ Petition is disposed of with the above directions. There shall be no order as to costs. Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) SSL 2/3
To 1.The District Collector, Collectorate Building, Trichy District.
2.The Tahsildar, Srirangam Taluk Office, Srirangam, Trichy District.
3.The Head Surveyor, Taluk Office, Srirangam Taluk, Trichy District.
+1 CC to Mr.V. MUTHU SAMUNDEESWARAN, Advocate SR-84906. +1 CC to SPL GP SR-85038.
03.09.2019 CS(17.09.2019) 3P 6C 3/3