K.S.Ayyasamy v. The Tashildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.6267 of 2020 K.S. Ayyasamy ... Petitioner Vs.

1.The Tashildar, Kindathukadavoo Taluk Office, Union office compound, Kinathukadavoo, Coimbatore District.

2.The Taluk Surveyor, Kindathukadavoo Taluk Office, Union office compound, Kinathukadavoo, Coimbatore District.

3.R. Ayyasamy 4.R. Chinnasamy ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of writ of certiorarified mandamus, call for the records of the first respondent in proceedings No.Na.Ka.2708/2019/S2 dated 02.01.2020, quash the same and consequently direct the respondents 1 & 2 to measure the petitioner's properties bearing S.No.340/4, New No.466/1, Vadaputhur Village, Kinathukadavoo Taluk, Coimbatore District in patta No.517.

For Petitioner : Mr. S.N. Subramani For Respondents : Mr. J. Purushothaman, for R1 & R2 Additional Government Pleader

O R D E R

By consent given by either side, the main writ petition is taken up for final disposal at the admission stage itself.

1/3

2.

This writ petition has been filed challenging the rejection order passed by the first respondent refusing to conduct survey in the property of the petitioner. 3.

It is seen from records that when an attempt was made by the officials to conduct the survey, the same was resisted by the respondents 3 and 4. This was repeatedly done and therefore, the respondents did not thereafter conduct any survey. Aggrieved by the same, the present writ petition has been filed before this Court.

4.

The learned Additional Government Pleader on instructions submitted that the second respondent is in the process of issuing notice to the petitioner and respondents 3 and 4 and an enquiry will be conducted on 20.03.2020. The learned counsel further submitted that based on the enquiry and the documents furnished by the parties, the first respondent will take an appropriate decision.

5.

In view of the above development, this writ petition is disposed of with a direction to the first respondent to enquire the parties and take appropriate decision in accordance with law, within a period of four weeks from the date of receipt of copy of this order. No costs.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar at To 1.The Tashildar, Kindathukadavoo Taluk Office, Union office compound, Kinathukadavoo, Coimbatore District.

2.The Taluk Surveyor, Kindathukadavoo Taluk Office, Union office compound, Kinathukadavoo, Coimbatore District.

2/3

+2 ccs to the Government Pleader High Court Madras sr22154,22168 +1 cc to M/s.S.N.Subramani Advocate sr21491 W.P.No.6267 of 2020 ppa(co) aa16/03/2020 3/3