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Madras High CourtWP/2706/2021disposed of

M.Ismail v. The District Collector

2021-02-10Honourable Mr Justice N. Seshasayee3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2021 CORAM :

THE HONOURABLE MR. JUSTICE N.SESHASAYEE W.P.No.2706 of 2021 M.Ismail ... Petitioner Vs 1.The District Collector Tiruvannamalai District Collectorate Complex Tiruvannamalai.

2.The Revenue Divisional Officer RDO's Office Tiruvannamalai Town & District.

3.The Tahsildhar Taluk Office Kalasapakkam Village & Taluk Tiruvannamalai District.

4.The Taluk Head Surveyor Tiruvannamalai Town & Taluk Tiruvannamalai District.

5. Vijaya Ammal

6. Poondiya Gounder ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 to 4 herein to consider and pass appropriate orders on the petitioner's representation dated 10.06.2020, requesting the respondents 1 to 4 herein to cancel and rectify the illegal sub-divisions made in the FMB in respect of Kattampoondi Village Survey No.52/3B. For Petitioner : Mr.V.Prakash Babu For Respondents : Mr.M.Manigopi Government Advocate [R1 to R4]

ORDER

The petitioner has moved the second respondent with his application dated 10.06.2020, requiring him to cancel the illegal sub-division made in the FMB as concerning the Survey No. 52/3B in Kattampoondi Village of Tiruvannamalai Taluk & District.

2. Heard the learned counsel for the petitioner. Mr.M.Manigopi, learned Government Advocate takes notice for respondents 1 to 4. The learned Government Advocate made a statement on instructions that the enquiry for the purpose is scheduled to take place at 3.00 p.m., on 25.02.2021 in the Office of the Revenue Divisional Officer /second respondent. The said statement is recorded.

3. Inasmuch as the date for enquiry is fixed by the respondents, no direction is required to be given except that the second respondent / Revenue Divisional Officer, Tiruvannamalai, is directed to hold an enquiry after issuing notices to all the parties who are likely to be affected by his decision, and after providing the parties a fair and effective hearing and to dispose of the said representation through a speaking order within a period of twelve (12) weeks from the date of service of order copy, subject to such time that may be lost in responsibilities connected with the ensuing General Election of the Tamil Nadu State Legislative Assembly, 2021.

4. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ds To:

1.The District Collector Tiruvannamalai District Collectorate Complex Tiruvannamalai.

2.The Revenue Divisional Officer RDO's Office Tiruvannamalai Town & District.

3.The Tahsildhar Taluk Office Kalasapakkam Village & Taluk Tiruvannamalai District.

4.The Taluk Head Surveyor Tiruvannamalai Town & Taluk Tiruvannamalai District.

+1cc to the Government Pleader, S.R.No.7849 W.P.No.2706 of 2021