S.Purushothaman v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.06.2020

CORAM:

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH W.P.No.7224 of 2020 1)S.Purushothaman 2)K.R.Ravichandran

...Petitioners

-Vs1. The District Collector, Nilgiris District, Udhagamandalam.

2. The Sub Collector, R.D.O.Office, Nilgiris District, Udhagamandalam.

3. The Tahsildar, Coonoor Taluk Office, Coonoor, Nilgiris District.

4. K.R.Devaraj

5. K.R.Sankaran

6. K.S.Ravikumar

7. K.M.Sanmuga Sundaram

8. K.M.Lakshmi Narayanan

9. R.Natarajan

10. Vinoliya Meerabai

11. The Coonor Tea Estate Company Pvt Ltd., Spring Field Post, Coonoor - 4, Nilgiris District.

....Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 3rd respondent to consider the petitioner's representation dated 07.11.2019 to survey and fi boundary Stones

to the petitioner's properties in Survey No.16/2, 18, 19, Burliar Revenue Village, Coonoor Taluk, Nilgiris Distrit. For Petitioners : Mr.V.Ravi For Respondents : Mr.E.Balamurugan, Special Government Pleader for R1 to R3.

O R D E R

This writ petition has been filed seeking for the issue of writ of mandamus directing the 3rd respondent to consider the representation made by the petitioners and to survey and fix the boundary stones in the subject property. 2.

Mr.V.Ravi, learned counsel for the petitioners submitted that the 3rd respondent namely the Tahsildar, Coonoor, has already issued notice to the petitioners as well as the private respondents viz., the respondents 4 to 11 and the enquiry has been postponed to 12.06.2020. The learned counsel further submitted that the enquiry has been postponed in view of the COVID 19, Pandemic.

3.

Mr.E.Balamurugan, learned Special Government Pleader appearing for respondents 1 to 3, submitted that the representation made by the petitioners has already been taken into consideration and an enquiry has been ordered by issuing notice to all the interested parties. The learned counsel further submitted that sufficient time may be given to complete the enquiry and to take an appropriate decision, based on the representation made by the petitioners.

4.

Taking into consideration the facts and circumstances of the case and the fact that the 3rd respondent has already commenced the enquiry based on the representation made by the petitioners, there shall be a direction to the 3rd respondent to issue sufficient notice to all the interested parties and give sufficient opportunity and thereafter, take a decision, strictly in accordance with law. This process shall be completed within a period of twelve weeks from the date of receipt of copy of this order.

5.

This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar

rka To

1. The District Collector, Nilgiris District, Udhagamandalam.

2. The Sub Collector, R.D.O.Office, Nilgiris District, Udhagamandalam.

3. The Tahsildar, Coonoor Taluk Office, Coonoor, Nilgiris District.

4. The Coonor Tea Estate Company Pvt Ltd., Spring Field Post, Coonoor - 4, Nilgiris District.

W.P.No.7224 of 2020 VG II(CO) GMY(10/07/2020)