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Madras High CourtWP/9194/2021disposed of

N.Sundararajan v. The Assistant Settlement Officer(South),

2021-04-29Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2021

CORAM

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN W.P. No.9194 of 2021 N. Sundararajan

...Petitioner

Vs

1. The Assistant Settlement Officer,(South), Survey House, Chepauk, Chennai 600 005.

2. The Assistant Director of Survey & Land Records, Office of the Assistant Director of Survey & Land Records, Collectorate, Namakkal.

3. The Taluk Deputy Inspector of Land Survey, Office of the Revenue Tahsildar, Komarapalayam, Namakkal District.

4. The Special Tahsildar, Town Survey & Settlement, Komarapalayam Taluk, Namakkal District

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 2 to 4 to rectify the error found on records maintained by them in respect of Town Survey Nos.234, 236, 237 & 238 (233) situated at Ward-D, Block 21, Komarapalayam Town & Taluk, Nakammal District by considering the petitioner's representations dated 03.02.2021 and 16.03.2021.

For petitioner ...

Mr. R. Marudhachalamurthy For respondents ...

Mrs. K. Bhuvaneswari, Government Advocate

ORDER

This writ petition has been filed seeking a direction to consider the petitioner's representation to rectify the

mistake found in the Town Survey Register in respect of Town Survey Nos.234, 236, 237 & 238 (233) situated at Ward-D, Block 21, Komarapalayam Town & Taluk, Nakammal District.

2. According to the petitioner, the petitioner is the owner of the properties in in respect of Town Survey Nos.234, 236, 237 & 238 (233) situated at Ward-D, Block 21, Komarapalayam Town & Taluk, Nakammal District. Earlier a part of the petitioner's land was acquired by the authorities. After acquisition, the extent of the property available with the petitioner is wrongly mentioned in the Town survey Register. Hence, the petitioner made a representation to 4th respondent on 03.02.2021 and so far no order has been passed. Hence, the present writ petition has been filed.

3. The learned counsel for the petitioner would submit that even though the petitioner sought for rectification of the mistake, he will be satisfied, if the 4th respondent is directed to consider the petitioner's representation and pass suitable orders.

4. Considering the above submission made by the learned counsel for the petitioner, and considering the limited prayer sought for, and the petitioner's representation is pending with the fourth respondent, without going into the merits of the case, the fourth respondent is directed to consider the petitioner's representation and pass suitable orders on merits and in accordance with law after giving opportunity to the petitioner, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of. No costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar mrp To

1. The Assistant Settlement Officer,(South), Survey House, Chepauk, Chennai 600 005.

2. The Assistant Director of Survey & Land Records, Office of the Assistant Director of Survey & Land Records, Collectorate, Namakkal.

3. The Taluk Deputy Inspector of Land Survey, Office of the Revenue Tahsildar, Komarapalayam, Namakkal District.

4. The Special Tahsildar, Town Survey & Settlement, Komarapalayam Taluk, Namakkal District +1 CC to Mr.R. Marudhachalamurthy, Advocate sr 26214. +1 CC to The Government Pleader sr 26748.

W.P. No.9194 of 2021 KJ(CO) SP(09/07/2021)