S.Kandasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.A.No.596 of 2022 S.Kandasamy ...Appellant Vs.

1. The District Collector Tiruvarur District.

2. District Revenue Officer Tiruvarur District.

3. Village Administrative Officer Nannilam, Tiruvarur District.

4. R.Govindaraj.

...Respondents

Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 11.01.2022 in W.P.No.6193 of 2020. Prayer in W.P. No. 6193/2020:Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to take action on the representation preferred by the petitioner dated 21.11.2019 and in light of U/s 16 of Tamil Nadu Survey and Boundaries Act, and further direct the respondents to survey and relay the stone by measuring the property at No.5/15, Old Kutchery Road, Nannilam, Tiruvarur District.

For the Appellant :

Mr.A.Ansar For the Respondents:

Mr.P.Muthukumar State Government Pleader for respondents 1 to 3

JUDGMENT

(Delivered by the Hon'ble Chief Justice) The writ appeal has been filed challenging the order dated 11.01.2022, whereby, the writ petition filed by the https://hcservices.ecourts.gov.in/hcservices/

appellant was closed finding the redressal of his grievance to survey and demarcate the property, though with an observation about the encroachment of the appellant.

2. As the survey was conducted pursuant to the representation of the appellant, the writ petition became infructuous. However, it was closed with the observation about the encroachment of the appellant, as per the survey conducted by the official respondents.

3. The survey has not been challenged by the appellant. Thus, we do not find any error in the impugned order. Rather, the writ petition has rightly been closed, as survey has been conducted pursuant to the representation.

4. Accordingly, the writ appeal fails and is dismissed. However, if the appellant is aggrieved by the survey conducted, he can take appropriate remedy for it. There will be no order as to costs. Consequently, CMP No.4265 of 2022 is also dismissed. s/d- Assistant Registrar True Copy Sub-Assistant Registrar kpl/drm To

1. The District Collector Tiruvarur District.

2. The District Revenue Officer Tiruvarur District.

3. The Village Administrative Officer Nannilam, Tiruvarur District.

+1 CC to The Government Pleader sr 18839.

+1 CC to Mr.A.Ansar, Advocate sr 19641(29/03/2022) W.A.No.596 of 2022 PA(CO) SP(28/03/2022) https://hcservices.ecourts.gov.in/hcservices/