Andal S v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 30.11.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.27057 of 2022 Andal ..Petitioner Vs 1.The District Collector, Tenkasi District.
2.The Tahsildar, Alangulam Taluk, Tenkasi District.
3.The District Surveyor, Tenkasi District.
4.The Firka Surveyor, Venkatampatti Village, Alangulam Taluk, Tenkasi 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 respondents 1 to 3 to consider and dispose of the Petitioner's representation, dated 27.6.2022 submitted under Section 11(1) of the Tamil Nadu Survey and Boundaries Act, 1923 within the time stipulated by this Court. For Petitioner :Mr.R.Anand For Respondents :Mr.D.Sadiq Rajasekaran 1 to 4 Addl.Govt.Pleader
ORDER
The Petitioner has prayed for issuance of a Writ of Mandamus directing the respondents 1 to 3 to consider and dispose of the Petitioner's representation, dated 27.6.2022 submitted under Section 11(1) of the Tamil Nadu Survey and Boundaries Act, 1923 within the time stipulated by this Court.
2.Mr.D.Sadiq Raja, learned Additional Government Pleader takes notice for the second respondents 1 to 4. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.When the matter is taken up for hearing today, the learned Additional Government Pleader appearing for the respondents 1 to 4, on instructions, would submit that the petitioner's land has already been surveyed. If the Petitioner is so aggrieved by the same, he can filed an appeal before the appellate authority concerned. 4.The learned counsel for the Petitioner submitted that the Petitioner has not yet filed any appeal in this regard. The learned counsel appearing for the Petitioner sought for resurvey of the land, which is not accepted by this Court.
5.In the above facts and circumstances, the Petitioner is at liberty to
file an appeal before the appellate authority in the manner known to law. On such appeal being filed and received, the appellate authority is directed to consider the same and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned, as expeditiously as possible. 6.With the above liberty and direction, the Writ Petition stands disposed of. No costs.
30.11.2022 Index : Yes/No Internet:Yes/No vsn To 1.The District Collector, Tenkasi District.
2.The Tahsildar, Alangulam Taluk, Tenkasi District.
3.The District Surveyor, Tenkasi District.
4.The Firka Surveyor, Venkatampatti Village, Alangulam Taluk, Tenkasi District.
V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.27057 of 2022 30.11.2022