Madras High CourtWP(MD)/13167/2013disposed of accordingly

K. Sudarkodi, v. The District Collector

2017-12-15Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.13167 of 2013 K.Sudarkodi ... Petitioner vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Assistant Director, District Land Survey Department, District Land Survey Office, (Survey & Settlement), Dindigul.

3.The Assistant Taluk Surveyor, Office of the Tahsildar, Kodaikanal.

4.The Tahsildar, Kodaikanal.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 2 and 3 to survey and mark the petitioner's land and issue a fresh sketch in respect of the petitioner's land situated in Survey Nos.867/1 & 2 at Vadakavunji Village, Kodaikanal Taluk, Dindigul District measuring to an extent of 6 Acres and 86 cents as per the petitioner's representation dated 15.04.2013.

For Petitioner : Mr.K.R.Krishnan For Respondents : Mr.M.Alagathevan Special Government Pleader

O R D E R

This writ petition has been filed seeking a direction to the respondents 2 and 3 to survey and mark the petitioner's land

and issue a fresh sketch in respect of his land situated in Survey Nos.867/1 & 2 at Vadakavunji Village, Kodaikanal Taluk, Dindigul District, measuring to an extent of 6 Acres and 86 cents, as per the petitioner's representation dated 15.04.2013. 2.Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader for the respondents. 3.The grievance of the petitioner is that he has given a representation dated 15.04.2013 to the respondents requesting to survey his property situated in Survey Nos.867/1 and 2, Vadakavunji Village, Kodaikanal Taluk, Dindigul District, measuring to an extent of 6 Acres and 86 cents. He has also produced all the relevant documents with regard to the said property. As the same has not been considered so far, the petitioner is before this Court with the above stated prayer. 4.The learned counsel appearing for the petitioner submitted that no rival claim is made or suit is pending with regard to the property in question.

5.Considering the facts and circumstances of the case and also considering the submission made by the learned counsel appearing for the petitioner, this Court, without going into the merits of the case, directs the respondents 2 and 3 to consider the representation of the petitioner dated 15.04.2013, if not considered earlier, and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner as well as any of the interested parties.

6.With the above direction, this writ petition is disposed of. No costs.

sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar mj To 1.The District Collector, Dindigul District, Dindigul.

2.The Assistant Director, District Land Survey Department, District Land Survey Office, (Survey & Settlement), Dindigul.

3.The Assistant Taluk Surveyor, Office of the Tahsildar, Kodaikanal.

4.The Tahsildar, Kodaikanal.

+1cc to Mr.K.R.Krishnan, Advocate in SR.No. 93095 GJM/MR/SAR-2-4.1.18-3p-6c W.P(MD) No.13167 of 2013 15.12.2017