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C.Anbarasu v. the District Collector

Madras HC15 Oct 2024WP/30208/2024

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the High Court at Madras, disposing the matter at the admission stage, directed the 3rd respondent to consider the petitioner's online application for survey of land and pass final orders within six weeks, without adjudicating on the merits of the property claim.

What did the court decide?

Direction to the 3rd respondent to consider the petitioner's application for survey and pass final orders within six weeks.

C.Anbarasu Vs the District Collector — Land Acquisition | Madras HC (2024)

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W.P.No.30208 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 15.10.2024

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CORAM

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THE HONOURABLE MR.JUSTICE S.SOUNTHAR

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W.P.No.30208 of 2024

C.Anbarasu

... Petitioner

vs.

1.The District Collector Kallakurichi District.

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2.The Divisional Revenue officer Kallakurichi District

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3.The Tahsildar

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Kallakurichi Taluk Kallakurichi District

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4.The Revenue Inspector Nagalur Village, Kallakurichi District.

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5.The Surveyor, Nagalur Village, Kallakurichi District.

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6.Samydurai

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7.Prakash

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... Respondents

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to consider

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https://www.mhc.tn.gov.in/judis

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W.P.No.30208 of 2024

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petitioner representation dated 15.02.2024 made to the 3 rd respondent to inspect and measure petitioner property comprising survey no 311/A-5 to an extent of 2 Acres 37 Cents, Nagalur Village, Koothakudi Taluk, Kallakurichi District and within time fixed by this Court.

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For Petitioner : Mr.K.Nirmalkumar

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For R1 to R5 : Mr.D.Gopal Government Advocate

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O R D E R

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By consent of both the learned counsel appearing for the petitioner as

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well as respondents 1 to 5, this writ petition is disposed of at the admission stage itself.

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The petitioner herein seeks a direction to the respondent to

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consider his representation dated 15.02.2024 seeking survey of his property comprised in Survey No.311/A-5 with an extent of 2 acres 37 cents situated at Nagalur Village, Koothakudi Taluk, Kallakurichi District, within the time fixed by this Court.

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https://www.mhc.tn.gov.in/judis

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W.P.No.30208 of 2024

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According to the petitioner, his father purchased the above mentioned property under a registered Sale Deed dated 21.01.2004. It is further case of the petitioner that the property was settled by his father in favour of the petitioner and revenue document was also mutated in favour of the petitioner.

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A perusal of the typed-set of papers would suggest that the patta for the subject property in Survey No.311A/5 stands in the name of the petitioner in Patta No.1222. The petitioner submitted a representation dated 15.02.2024 to the 3^rd respondent seeking survey of the above mentioned property and the same has not been considered by the 3^rd respondent. Thereafter, the petitioner submitted an online application seeking survey of the land on 07.03.2024 in Challan No.20240307034230 and the same has not been considered by the official respondents till date. Hence, the petitioner is before this Court.

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Mr.D.Gopal, learned Government Advocate, who is taking notice

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for the respondents 1 to 5 would submit that the online application of the

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https://www.mhc.tn.gov.in/judis

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W.P.No.30208 of 2024

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petitioner dated 07.03.2024 will be considered by the 3^rd respondent on its own merits and in accordance with law, within the time fixed by this Court.

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In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the 3 rd respondent to consider the online application of the petitioner dated 07.03.2024 in Challan No.20240307034230 and pass final orders o n its own merits and in accordance with law, within a period of six weeks from the date of receipt of copy of this order.

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With the above direction, the Writ Petition stands disposed of. No

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costs.

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15.10.2024

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Index : Yes/No Speaking order:Yes/No Neutral Citation:Yes/No dm

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https://www.mhc.tn.gov.in/judis

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W.P.No.30208 of 2024

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1.The District Collector Kallakurichi District.

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2.The Divisional Revenue officer Kallakurichi District

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3.The Tahsildar Kallakurichi Taluk Kallakurichi District

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4.The Revenue Inspector Nagalur Village, Kallakurichi District.

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5.The Surveyor, Nagalur Village, Kallakurichi District.

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https://www.mhc.tn.gov.in/judis

W.P.No.30208 of 2024

S.SOUNTHAR, J.

W.P.No.30208 of 2024

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15.10.2024

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https://www.mhc.tn.gov.in/judis

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C.Anbarasu v. the District Collector

Case brief

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C.Anbarasu v. the District Collector

Case brief

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