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Madras High CourtWP/1418/2022disposed of

Dr.J.V.Mahendran v. The District Collector

2022-02-03Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.1418 OF 2022 Dr.J.V.Mahendran

...Petitioner

Vs 1.The District Collector, O/o.The District Collector, Namakkal-Post & District.

2.The Assistant Director of Survey, O/o.The Assistant Director of Survey, Thiruchengode Main Road, 3.The Tahsildar, O/o.The Tahsildar, Kollimalai Post & Taluk,

...Respondents

Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to make sub division of the petitioner's land after surveying in Survey No.27/3A (Present Re-survey No.280/2B, 280/3B), Survey No.27/3A (Present Re-survey No.216/1B), Survey No.22/2 (Present Re-survey No.218/2), Survey No.22/2 (Present Re-survey No.218/1), totally to an extent of 3.75 acres of Selurnadu Village, Kollimalai Taluk, Namakkal District, as per the sale deed in documents Nos.2987 of 2012, 820 of 2013, 2261 of 2013, 2504 of 2014, 1250 of 2017 & 2912 of 2018 on the Sub Registrar, Senthamangalam, Namakkal District based on the representation to the 1st respondent dated 01.11.2021.

For Petitioner :

Mr.D.Veerasekharan For Respondents :

Mr.Balathandayutham Spl.Government pleader

ORDER

This writ petition has been filed for issuance of Writ of Mandamus, directing the respondents to make sub division of the petitioner's land after surveying in Survey No.27/3A (Present

Re-survey No.280/2B, 280/3B), Survey No.27/3A (Present Re-survey No.216/1B), Survey No.22/2 (Present Re-survey No.218/2), Survey No.22/2 (Present Re-survey No.218/1), totally to an extent of 3.75 acres of Selurnadu Village, Kollimalai Taluk, Namakkal District, as per the sale deed in documents Nos.2987 of 2012, 820 of 2013, 2261 of 2013, 2504 of 2014, 1250 of 2017 & 2912 of 2018 on the Sub Registrar, Senthamangalam, Namakkal District based on the representation to the 1st respondent dated 01.11.2021.

2. Heard, Mr.D.Veerasekharan, learned counsel appearing for the petitioner and Mr.P.Balathandayutham, learned Special Government Pleader appearing for the respondents.

3. Without expressing any opinion on merits of the writ petition, the third respondent is directed to survey the petitioner's property comprised in Survey No.27/3A (Present Resurvey No.280/2B, 280/3B), Survey No.27/3A (Present Re-survey No.216/1B), Survey No.22/2 (Present Re-survey No.218/2) and Survey No.22/2 (Present Re-survey No.218/1), totally to an extent of 3.75 acres situated at Selurnadu Village, Kollimalai Taluk, Namakkal District, as per the sale deeds in document Nos.2987 of 2012, 820 of 2013, 2261 of 2013, 2504 of 2014, 1250 of 2017 & 2912 of 2018, after issuance of notice to the adjacent land owners and counter parties, if any, by giving them an opportunity of hearing and pass orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order, on payment of requisite fee.

4. With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-VI) // True Copy // Sub Assistant Registrar Lpp To 1.The District Collector, O/o.The District Collector, Namakkal-Post & District.

2.The Assistant Director of Survey, O/o.The Assistant Director of Survey, Thiruchengode Main Road,

3.The Tahsildar, O/o.The Tahsildar, Kollimalai Post & Taluk, +1cc to Mr.D.Veerasekaran, Advocate Sr.No.6985 +1cc to the Government Pleader Sr.No.7373 W.P.No.1418 of 2022 VG-II(CO) RVM(23/02/2022)