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Madras High CourtWP(MD)/22834/2022disposed of

Balasubramanian.M v. The District Collector,

2022-09-29Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.22834 of 2022 M.Balasubramanian ... Petitioner Vs 1.The District Collector District Collectorate Karur District.

2. The Tahsildhar Kadavur Taluk Karur District ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 04/03/2022 and measure the petitioner land situate at Manjanayakkanpatti Village, Kaniyalampatty (Post), Kadavur Taluk, Karur District in Survey No.448/9A1, extent of 0.2.45 cents and Survey No.448/9A2 for the extent of 0.5 cents respectively.

For Petitioner : Mr.M.Arul For Respondents: Mr.A.Kannan Additional Government Pleader 1/5

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 04/03/2022 and measure the petitioner land situated at Manjanayakkanpatti Village, Kaniyalampatty (Post), Kadavur Taluk, Karur District in Survey No. 448/9A1, extent of 0.2.45 cents and Survey No.448/9A2 for the extent of 0.5 cents respectively.

2.Heard Mr.M.Arul, learned counsel appearing for the petitioner and Mr.A.Kannan, learned Additional Government Pleader, who takes notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.The learned counsel for the petitioner submits that the above mentioned properties were gifted to the petitioner by his father by way of gift deed in the year 2013 and the same was registered on the file of the Office of the Sub Registrar, Tharangampatti and since then the petitioner was in possession and enjoyment of the property. Patta was also issued in his name. Whileso, the petitioner has decided to measure the property and has given a representation 2/5

dated 11.08.2021. Though the measurement was done, it was not done properly and has failed to fix the boundary stones. hence the petitioner has sent a reminder to the second respondent. Till date the said request was not considered by the second respondent. Hence, the petitioner has approached this Court by way of filing the present Writ Petition for the relief stated supra. 4.The learned Additional 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.

5.Considering the limited scope of the prayer sought for by the petitioner, this Court directs the petitioner to produce all the relevant documents before the respondents. On receipt of all the relevant documents, the second respondent is directed to survey the lands of the petitioner and demarcate the boundaries. Such exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

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6.This Writ Petition stands disposed of with the above directions. No costs.

29.09.2022 Index : Yes/No Internet:Yes/No aav To 1.The District Collector District Collectorate Karur District.

2. The Tahsildhar Kadavur Taluk Karur District 4/5

V.BHAVANI SUBBAROYAN, J.

aav W.P(MD)No.22834 of 2022 29.09.2022 5/5