E.Kumarakotti v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.20969 of 2017 and W.M.P.No.21858 of 2017 E.Kumarakotti ... Petitioner Vs.

1.The District Collector, Kancheepuram District, Kancheepuram.

2.The District Revenue Officer, Kancheepuram.

3.The Sub Collector, Chengalpet, Kancheepuram District.

4.The Tasildar, Thirukalukundram Taluk, Kancheepuram District.

5.Logeswaran 6.Dinesh 7.Mrs.Shanthi ... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorari to call for the entire records of fourth respondent in Na.Ka.No.2973/2016/AA2 dated 21.07.2017 and quash the same.

For Petitioner : Mr.V.Jaisankar For Respondents : Mr.Era.Premnath Government Advocate (R1 to R4)

O R D E R

Mr.Era.Premnath, learned Government Advocate takes notice for the respondents 1 to 4. By consent, the main Writ Petition is taken up for disposal at the admission stage itself. 2.The petitioner has filed the above Writ Petition to issue a writ of certiorari to call for the entire records of the fourth respondent dated 21.07.2017 and to quash the same.

3.Pursuant to the representation given by the respondents 5 to 7, the fourth respondent had sent a notice to the petitioner that he would survey the property on 04.08.2017 at 11 a.m. Challenging the notice dated 21.07.2017, the petitioner has come forward with the present writ petitioner.

4. Since the 4th respondent has issued only a notice to the petitioner for surveying the land, I do not find any merits in the notice issued by the fourth respondent. However, the parties, namely, petitioner as well as the respondents 5 to 7, to establish their rights in respect of the property before the fourth respondent and the fourth respondent should pass orders, after considering the rights of the petitioner as well as the respondents 5 to 7.

5.With these observations, the Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Rj/ah To 1.The District Collector, Kancheepuram District, Kancheepuram.

2.The District Revenue Officer, Kancheepuram.

3.The Sub Collector, Chengalpet, Kancheepuram District.

4.The Tasildar, Thirukalukundram Taluk, Kancheepuram District.

+1 cc to the Government Pleader sr 57895 W.P.No.20969 of 2017 and W.M.P.No.21858 of 2017 sv(co) aa29/08/2017