Madras High CourtWP/3971/2024disposed of

Marappan @ K.C Marappan v. The District Collector

2024-03-19Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 19.03.2024 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No.3971 of 2024 -- Marappan @ K.C.Marappan .. Petitioner Vs.

1. The District Collector, Coimbatore District.

2. The Revenue Divisional Officer (South), Office of South Tahsildar, Coimbatore District.

3. The Tahsildar, Sulur Talulk, Coimbatore District.

4. The Taluk Surveyor, Sulur Taluk, Coimbatore District.

5. The Village Administrative Officer, Kadampadi Village, Sulur Taluk, Coimbatore District.

6. K.M.Mani .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents 1 and 2 to consider the petitioner's representation, dated 24.07.2023 within a stipulated time to be 1 / 4

fixed by this Court.

For petitioner : Mr.N.Ponraj For respondents: Mr.T.Arun Kumar, Addl.G.P. for RR-1 to 5 No appearance for R-6

ORDER

The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents 1 and 2 to consider the petitioner's representation, dated 24.07.2023 within a stipulated time to be fixed by this Court.

2. This Writ Petition is filed for simple Mandamus to consider the representation of the petitioner for surveying the land.

3. Learned Additional Government Pleader appearing for respondents 1 to 5 submitted that though the petitioner made the said representation, the third respondent went along with respondents 4 and 5 and tried to conduct survey of the land in question on 28.08.2023 and at that time, the Revenue Records and title deeds and the extent of the land mentioned in the Revenue Records, all differed and that the sixth respondent is found in possession of a portion of the land and he raised objection for survey of the land, and therefore, they could not conduct the survey. Therefore, as there is dispute regarding the extent and title 2 / 4

in the Revenue Records and also the possession of the extent of land, the petitioner is not entitled to the relief sought for in this Writ Petition.

4. While observing as above, the Writ Petition is disposed of, giving liberty to the petitioner, if so advised, to work-out the remedy before the Civil Court. There shall be no order as to costs.

19.03.2024 cs To

1. The District Collector, Coimbatore District.

2. The Revenue Divisional Officer (South), Office of South Tahsildar, Coimbatore District.

3. The Tahsildar, Sulur Talulk, Coimbatore District.

4. The Taluk Surveyor, Sulur Taluk, Coimbatore District.

5. The Village Administrative Officer, Kadampadi Village, Sulur Taluk, Coimbatore District.

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P.VELMURUGAN, J cs W.P.No.3971 of 2024 19.03.2024 4 / 4