Sivaselvanayagi K v. The District Collector
6EFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 02.12.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.27332 of 2022 K.Sivaselvanayagi ..Petitioner Vs 1.The District Collector, Dindigul, Dindigul District - 624 004.
2.The Tahsildar, Oddanchatram Taluk, Dindigul District.
3.The Taluk Surveyor, Kallimanthayam, Oddanchatram Taluk, Dindigul 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 to conduct survey and demarcate the boundaries in respect of the petitioner's proerty in S.No.32/2B, 32/1B2 situated at Poosaripatti Village, Oddanchatram Taluk, Dindigul District after issuing notice to the necessary parties by considering the Petitioner's application, dated 16.3.2022 within the time fixed by this Court.
For Petitioner :Mr.K.Kathiresan For Respondents :Mr.D.Sadiq Raja 1 to 3 Addl.Govt.Pleader
ORDER
The Petitioner has prayed for issuance of a Writ of Mandamus directing the respondents to conduct survey and demarcate the boundaries in respect of the petitioner's proerty in S.No.32/2B, 32/1B2 situated at Poosaripatti Village, Oddanchatram Taluk, Dindigul District after issuing notice to the necessary parties by considering the Petitioner's application, dated 16.3.2022 within the time fixed by this Court. 2.Mr.A.Kannan, learned Additional Government Pleader takes notice for the respondents 1 to 3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.The case of the Petitioner is that the Petitioner had purchased the prayer mentioned property from one Kalisamy through a registered sale deed in Doc.No.411/2022 for the survey No.32/2B with an extent of 1.7 cents and S.No.
32/1B2 with an extenmt of 6.00 cents and the total extent of land is 1 acre and 13 cents and patta was also transfererred in the Petitioner's name in Patta No.1182.The Petitioner submitted a representation on 16.3.2022 before the fourth respondent for the survey of the prayer mentioned property.The third respondent notified that on 6.4.2022, S.Nos.32/2B and 32/1B2 will be surveyed and directed the Petitioner to produce all the relevant documents and on 30.8.
done.Thereafter, on many occasions, the Petitioner sent representations for the very same purpose.Since the same was not considered till date, the Petitioner has filed this Writ Petition for the relief stated supra. 4.The learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that the Petitioner's representation will be considered and appropriate orders will be passed on merits and in accordance with law, within the time limit prescribed by this Court. 5.In view of the above, this Court, without going into the merits of the matter, directs the second respondent to consider the representation of the Petitioner, dated 16.3.
2022 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned and to take steps to measure the said property on the date fixed by the second respondent, with necessary Police protection from the jurisdictional Police, if needed, on payment of necessary charges by the Petitioner, within a period of sixteen weeks from the date of receipt of a copy of this order.
6.With the above directions, the Writ Petition stands disposed of. No costs.
02.12.2022
Index : Yes/No Internet:Yes/No vsn To 1.The District Collector, Dindigul, Dindigul District - 624 004.
2.The Tahsildar, Oddanchatram Taluk, Dindigul District.
3.The Taluk Surveyor, Kallimanthayam, Oddanchatram Taluk, Dindigul District.
V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.27332 of 2022 02.12.2022