Chandra v. The District Collector

1 W.P.(MD)NO.30790 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.30790 of 2023 Chandra ... Petitioner Vs.

1. The District Collector, Tiruchirappalli District, Tiruchirappalli.

2. The Special Tahsildar, Adi Dravidar Welfare, Thuraiyur, Tiruchirappalli District.

3. The Tahsildar, Thuraiyur Taluk, Tiruchirappalli District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent Nos. 2 and 3 to survey the house sites in Govindapuram, Hamlet of Thuraiyur Village Survey No. 42/30, 47/5 and 50/2 Trichy District and identify the Plot No.59 in Survey No. 47/5C which was assigned to the petitioner by the proceedings of the 2nd respondent Na.Ka.Aa.1317/92 dated 27.12.1995 and proceed with the same as per law within a time frame fixed by this Court.

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2 W.P.(MD)NO.30790 OF 2023 For Petitioner : Mr.B.Venkatesan For Respondents: Mr.M.Sidharthan, Additional Government Pleader.

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O R D E R

Heard the learned counsel on either side.

2. The petitioner was assigned the petition mentioned plot way back in the year 1995. It is the duty of the assigning authority to survey the area in question and earmark the allotted plot. Since such an exercise was not so far undertaken, the present Writ Petition has been filed.

3. As rightly pointed out by the learned Additional Government Pleader appearing for the respondents, the petitioner, after having obtained an assignment order way back in the year 1995, ought to have come to the Court at an earlier point of time. Though the petitioner, on the face of it, is guilty of delay, still the authorities cannot abdicate their responsibility.

4. I therefore direct the respondents 2 and 3 to earmark and identify the petition mentioned plot and hand 2/4

3 W.P.(MD)NO.30790 OF 2023 over the same to the petitioner. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. This Writ Petition is allowed accordingly. There shall be no order as to costs.

21.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The District Collector, Tiruchirappalli District, Tiruchirappalli.

2. The Special Tahsildar, Adi Dravidar Welfare, Thuraiyur, Tiruchirappalli District.

3. The Tahsildar, Thuraiyur Taluk, Tiruchirappalli District.

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4 W.P.(MD)NO.30790 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.30790 of 2023 21.12.2023 4/4