S.Kandasamy v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.6193 of 2020 S.Kandasamy ... Petitioner vs.

1.The District Collector, Tiruvarur District.

2.The District Revenue Officer, Tiruvarur District.

3.The Village Administrative Officer, Nannilam, Tiruvarur District.

4.R.Govindaraj ... Respondents Prayer: 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 Petitioner : Mr.S.Ravee Kumar For R1 to R3 : Mr.P.Baladhandayutham Special Government Pleader

ORDER

This writ petition has been filed 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 Section 16 of Tamil Nadu Survey and Boundaries Act, 1923 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.

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2. The petitioner made representation dated 21.11.2019 before the 1st respondent to survey and demarcate the property situated at No.5/15, Old Kutchery Road, Nannilam, Tiruvarur District. The same was forwarded to the jurisdictional Tahsildar viz., Tahsildar, Nannilam.

3. On written instructions from the Tahsildar, Nannilam, the learned Special Government Pleader appearing for the 1st to 3rd respondents submitted that on receipt of the representation of the petitioner dated 21.11.2019, the Surveyor was engaged and found that the petitioner encroached some portion of the land and only after removal of the said encroachment, the request of the petitioner can be considered.

4. In view of the above, the petitioner's representation was already considered by the concerned Tahsildar viz., Tahsildar, Nannilam and the petitioner was already directed to remove the encroachment.

5. Recorded the same, the writ petition is closed. No costs.

Sd/- Assistant Registrar(CS-V) //True copy// Sub Assistant Registrar dm To 1.The District Collector, Tiruvarur District.

2.The District Revenue Officer, Tiruvarur District.

3.The Village Administrative Officer, Nannilam, Tiruvarur District.

+1cc to Mr.S.Ravee Kumar, Advocate SR.No.2220 +1cc to Government Pleader SR.No.3030 W.P.No.6193 of 2020 GPL(CO) GMY(02/02/2022) https://hcservices.ecourts.gov.in/hcservices/