R.Manickam v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.10194 of 2020 R.Manickam, S/o.Rathinasamy.

...Petitioner

Vs.

1.The District Collector, Collectorate, Perambalur District.

2.The District Revenue Officer, Collectorate, Perambalur District.

3.The Revenue Divisional Officer, Perambalur Division, Perambalur District.

4.Tmt.Kavitha, Thasildar, Veppanthattai Taluk, Perambalur District.

5.Mr.Parthiban, Surveyor, Veppanthattai Taluk, Perambalur District.

6.Mr.Muthamizh Selvam, S/o.Ramasamy.

7.Mrs.Usharani, W/o.Elangovan.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 25.06.2019 for appointment of any other Tahsildar and Surveyor apart from respondent 4 and 5 for surveying and fixing the boundaries by laying the boundary

stones in the Survey Numbers 120/18, 19 and 20 at V.Kalathur Village, Veppanthattai Taluk, Perambalur District in the presence of 6th and 7th respondents and to pass orders. For Petitioner : Mr.T.Dharani For Respondents : Mr.Annai Ezhil, Government Advocate for RR1 to 3.

Mr.Thendral Selvaraju, for RR6 & 7.

O R D E R

This writ petition has been filed for the issue of Writ of Mandamus directing respondents 1 to 3 to consider the representation made by the petitioner on 25.06.2019, wherein the petitioner has sought for a survey of the property and for laying the boundary stones with respect to the subject property. 2.Heard Mr.T.Dharani, learned counsel appearing on behalf of the petitioner, Mr. Annai Ezhil, learned Government Advocate, appearing on behalf of respondents 1 to 3 and Mr. Thendral Selvaraju, learned counsel appearing on behalf of respondents 6 and 7.

3.Taking into consideration the facts and circumstances of the case and also of the fact that both the petitioner as well as respondents 6 and 7 want the Tahsildar to conduct an enquiry and proceed further to survey the subject property, there shall be a direction to the Tahsildar, Veppanthattai Taluk, Perambalur District, to issue notice to the petitioner and respondents 6 and 7 and fix a date for an enquiry. The Tahsildar shall conduct the enquiry based on the documents submitted by the parties and shall take a decision with regard to the survey of the property. This process shall be completed by the Tahsildar within a period of six weeks from the date of receipt of copy of this order 4.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CJ CONF) //True Copy// Sub Assistant Registrar rm

To:

1.The District Collector, Collectorate, Perambalur District.

2.The District Revenue Officer, Collectorate, Perambalur District.

3.The Revenue Divisional Officer, Perambalur Division, Perambalur District.

+1cc to Mr.T.Dharani, Advocate, S.R.No.38503 +1cc to M/s.C.S.Associates, Advocate, S.R.No.38102 +1cc to the Government Pleader, S.R.No.38416 W.P No.10194 of 2020 CP(CO) KKV/06/01/2021