J.A.Vijay Anand, v. District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.02.2024 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.
of 2024 J.A.Vijay Anand ... Petitioner Vs.
1. District Collector Cuddalore District, Cuddalore
2. The Revenue Divisional Officer Cuddalore Taluk, Cuddalore
3. The Tahsildar Cuddalore Taluk, Cuddalore
4. Survey Inspector Survey Department Cuddalore Taluk, Cuddalore
5. Village Administrative Officer Thondamanatham Village Cuddalore Taluk, Cuddalore District
6. Village Administrative Officer Annavalli Village Cuddalore Taluk, Cuddalore District 1/6
7. Deivasigamani
8. Manimegalai ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 2 to 6 herein to measure and fix the boundary line between the two villages namely Thondamantham and Annaveli of Cuddalore District and consequently measure and fix a boundary in respect of the land of the petitioner situate in Survey No.429/1 in Thondamantham Village as per the representation dated 21.01.2024 within a stipulated time.
For Petitioner : Mr.T.S.Baskaran For R1 to R6 : Mr.A.Selvendran Special Government Pleader
ORDER
This Writ Petition is filed seeking to issue a Writ of Mandamus directing the respondents 2 to 6 herein to measure and fix the boundary line between the two villages namely Thondamantham and Annaveli of Cuddalore District and consequently measure and fix a boundary in respect of the land of the petitioner situate in Survey No.429/1 in Thondamantham Village as per the representation dated 21.01.2024 within a stipulated time. 2/6
2. The learned counsel for the petitioner submitted that the above said petitioner's property is situated between two villages namely Thondamantham and Annaveli of Cuddalore District. The petitioner had earlier made an application before the 3rd respondent to survey his land and subsequently, notice was issued to the petitioner and also to the respondents 7 and 8 herein who are the adjacent land owners and on the date of survey, since the respondents 7 and 8 herein prevented the officials from surveying the land, the 3rd respondent advised the petitioner to approach the 2nd respondent to redress his grievance. Subsequently, the petitioner also made a representation dated 21.01.2024 before the 2nd respondent and that the 2nd respondent is yet to redress his grievance.
3. Mr.A.Selvendran, learned Special Government Pleader takes notice for the respondents 1 to 6. Since no adverse order is passed against the respondents 7 and 8, notice to the respondents 7 and 8 is dispensed with.
4. Having regard to the submissions made by the learned counsel on 3/6
either side and since this writ petition is filed seeking a simple writ of mandamus to consider the petitioner's application/representation, this Court without expressing any opinion with regard to the merits of the case, directs the 2nd respondent to consider the petitioner's application/representation dated 21.01.2024 and issue notice to the petitioner, adjacent land owners of the four boundaries of the subject property including the respondents 7 and 8 herein 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 and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.
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. District Collector Cuddalore District, Cuddalore
2. The Revenue Divisional Officer Cuddalore Taluk, Cuddalore
3. The Tahsildar Cuddalore Taluk, Cuddalore
4. Survey Inspector Survey Department Cuddalore Taluk, Cuddalore
5. Village Administrative Officer Thondamanatham Village Cuddalore Taluk, Cuddalore District
6. Village Administrative Officer Annavalli Village Cuddalore Taluk, Cuddalore District 5/6
P.VELMURUGAN. J.
Ksa-2 W.P. No.
of 2024 29.02.2024 6/6