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Madras High CourtWP/5083/2024disposed of

R.Parvatham v. The District Collector

2024-02-29Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.02.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.

of 2024 R.Parvatham ... Petitioner Vs.

1.The District Collector Erode District, Erode

2. The District Revenue Officer Erode District, Erode

3. The Revenue Divisional Officer Erode Division, Erode District

4. The Revenue Tahsildar Kodumudi Taluk, Erode District

5. The Taluk Surveyor Kodumudi Taluk O/o. Kodumudi Taluk Office Erode District

6. The Village Administrative Officer Ichipalayam A-Village Kodumudi Taluk, Erode District ... Respondents 1/6

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to survey the petitioner land and fix the boundaries as per the Revenue Records in Natham Survey No.911/21, Ichipalayam Village, Kodumudi Taluk, Erode District.

For Petitioner : Mr.K.Karthikeyan For Respondent : Mr.S.J.Mohamed Sathik Government Advocate

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus directing the respondents to survey the petitioner land and fix the boundaries as per the Revenue Records in Natham Survey No.911/21, Ichipalayam Village, Kodumudi Taluk, Erode District.

2. The learned counsel for the petitioner submitted that the petitioner made an application on 29.11.2023 to survey his land and fix the boundaries and that he also paid the requisite fee through e-challan on the same day. However, the same has not been considered. Hence, the present Writ Petition is filed.

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3. Mr.S.J.Mohamed Sathik, learned Government Advocate takes notice for the respondents.

4. Having regard to the submissions made by the learned counsel on either side and since this writ petition is filed seeking a simple writ of mandamus to consider the petitioner's representation, this Court without expressing any opinion with regard to the merits of the case, directs the 4th respondent to consider the petitioner's application dated 29.11.2023 and issue notice to the petitioner and to the adjacent land owners of the four boundaries of the subject property and also to the interested parties/rival claimants/objectors/aggrieved parties if any, as the case may be and conduct enquiry in the manner known to law. After conducting enquiry, if the 4th respondent finds that the petitioner is otherwise eligible/entitled, conduct survey and pass orders on merits and in accordance with law. The said exercise shall be completed within the time as prescribed in the circular No.R1/2005632/2022 dated 17.07.2023 issued by the Commissioner of Land Administration.

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5. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 29.02.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 4/6

To 1.The District Collector Erode District, Erode

2. The District Revenue Officer Erode District, Erode

3. The Revenue Divisional Officer Erode Division, Erode District

4. The Revenue Tahsildar Kodumudi Taluk, Erode District

5. The Taluk Surveyor Kodumudi Taluk O/o. Kodumudi Taluk Office Erode District

6. The Village Administrative Officer Ichipalayam A-Village Kodumudi Taluk, Erode District 5/6

P.VELMURUGAN. J.

Ksa-2 W.P. No.

of 2024 29.02.2024 6/6