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Madras High CourtWP(MD)/21091/2022disposed of

Velayutham.S.P v. The District Collector

2022-09-20Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.09.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD) No.21091 of 2022 S.P.Velayutham .. Petitioner

Versus

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Tahsildar, Taluk Office, Thoothukudi, Thoothukudi District.

.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 01.07.2022, i.e., to measure his land in S.Nos.146, 147, measuring an extent of 4.25 cents, situated at Kezhaputhaneri, Srivaikundam, Thoothukudi District, within a time frame. For Petitioner :

Mr.M.Maharaja For Respondents :

Mr.D.Gandhiraj Special Government Pleader

ORDER

The petitioner has prayed for a Writ of Mandamus, directing the second respondent to consider his representation, dated 01.07.2022, to measure his 1/4

land in S.Nos.146 and 147, measuring an extent of 4.25 cents, situated at Kezhaputhaneri, Srivaikundam, Thoothukudi District, within a time frame. 2.The learned counsel for the petitioner submits that the petitioner's grandfather was in possession and enjoyment of the lands in S.Nos.146 and 147, measuring an extent of 4.25 cents, situated at Kezhaputhaneri, Srivaikundam, Thoothukudi District. After the demise of his grandfather, the petitioner's father was in possession and enjoyment of the aforesaid lands and doing agricultural works. Thereafter, the petitioner's father executed a gift deed in favour of the petitioner, bearing Document No.1511/1992, dated 25.11.1992, on the file of the Sub-Registrar Office, Murappanadu, Thoothukudi District. Immediately, the petitioner has changed the Patta in his name.

Subsequently, his father died on 16.08.1999. Thereafter, the petitioner and his family members are in possession and enjoyment of the said lands. In order to survey the lands for verification and to demarcate the boundaries, the petitioner made a representation to the second respondent on 01.07.2022 and requested him to survey the lands and also paid requisite fees on 26.08.2022. However, no action has been taken by the respondents so far. Hence, the petitioner has approached this Court by way of filing the present Writ Petition.

3.The learned Special Government Pleader appearing for the respondents submits that the petitioner's representation would be considered upon production of relevant documents by him and appropriate orders would be passed, within a time frame.

4.Considering the above said facts and circumstances of the case, this Court directs the petitioner to produce all the relevant documents before the respondents. On receipt of all the relevant documents, the respondents are directed to survey the lands of the petitioner and demarcate the boundaries, within a period of eight weeks from the date of receipt of a copy of this order. 5.This Writ Petition is disposed of with the above direction. No costs. Index : Yes/No 20.09.2022 To 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Tahsildar, Taluk Office, Thoothukudi, Thoothukudi District.

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V.BHAVANI SUBBAROYAN, J.

smn2 Order made in W.P.(MD) No.21091 of 2022 20.09.2022 4/4