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Madras High CourtWP(MD)/25805/2022disposed of

Shanmugavel.V v. The District Collector

2022-11-15Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.25805 of 2022 V.Shanmugavel ... Petitioner vs.

1.The District Collector, Office of District Collector, Tenkasi District, Tenkasi-627 811.

2.The Additional Director, Land Survey, Tenkasi District, Tenkasi-627 811.

3.The Revenue Divisional Officer, Office Revenue Divisional Officer, Sankarankovil Taluk, Sankarankovil Post, Tenkasi District-627 856.

4.The Revenue Thasildar, Office of Revenue Tahsildar, Sankarankovil Taluk, Tenkasi District-627 862.

5.Murugan ... Respondents 1/6

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 4th respondent to survey the lands in Survey Nos.279/11, 279/14, 279/8, 282/2, 283/13, 282, 281/16 in Patta No.841 and 842 in Vellalankulam Village, Sankarankovil Taluk, Tenkasi District, in view of the order of the 3rd respondent in Ni.Mu.O.1725-2022 dated 13.10.2022 and communication of the 2nd respondent to the fourth respondent in Na.Ka.Aa2/2411/2022 dated 05.07.2022 by considering the petitioner's representations dated 24.09.2021, 20.10.2021 and for other such reliefs within the period stipulated by this Court.

For Petitioner : Mr.A.Haja Mohideen For R1 to R4 : Mr.D.Gandhiraj Special Government Pleader

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the 4th respondent to survey the lands in Survey Nos.279/11, 279/14, 279/8, 282/2, 283/13, 282, 281/16 in Patta No.841 and 842 in Vellalankulam Village, Sankarankovil Taluk, Tenkasi District, in view of the order of the 3rd respondent in Ni.Mu.O.1725-2022 dated 2/6

13.10.2022 and communication of the 2nd respondent to the fourth respondent in Na.Ka.Aa2/2411/2022 dated 05.07.2022, by considering the petitioner's representations dated 24.09.2021, 20.10.2021.

2. Heard Mr.A.Haja Mohideen, learned counsel appearing for the petitioner and Mr.D.Gandhiraj, learned Special Government Pleader appearing for the respondents 1 to 4.

3. The case of the petitioner is that he is the owner of the property in Survey Nos.279/11, 279/14, 279/8, 282/2, 283/13, 282, 281/16 in Patta Nos.841 and 842 situated at Vellalankulam Village, Sankarankovil Taluk, Tenkasi District. He has approached the third respondent on 24.09.2017 for survey of the land and also paid necessary fees. But, no action has been taken by the third respondent. Hence, the petitioner has made several representations to the respondents on 24.09.2021 and 20.10.2021. Since the same were not considered, the present writ petition has been filed.

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4. The learned Special Government Pleader appearing for the respondents 1 to 4 would submit that the petitioner's representation dated 20.10.2021, will be considered within a period of six weeks.

5. Considering the submission made by the learned Special Government Pleader, this Court directs the fourth respondent to consider the petitioner's representation dated 20.10.2021 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the parties concerned, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

15.11.2022 Index:Yes/No Internet:Yes/No akv 4/6

To 1.The District Collector, Office of District Collector, Tenkasi District, Tenkasi-627 811.

2.The Additional Director, Land Survey, Tenkasi District, Tenkasi-627 811 3.The Revenue Divisional Officer, Office Revenue Divisional Officer, Sankarankovil Taluk, Sankarankovil Post, Tenkasi District-627 856 4.The Revenue Thasildar, Office of Revenue Tahsildar, Sankarankovil Taluk, Tenkasi District-627 862.

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V.BHAVANI SUBBAROYAN,J.

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