Shanmugasundaramoorthy v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2024

CORAM

THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR Shanmugasundaramoorthy .. Petitioner Vs 1.The Secretary Rep. by the Revenue Department Secretariat, St. George Fort Chennai 2.The District Collector Collector Office Erode 3.The Sub Collector Sub Collector Office Gobichettipalayam Erode District 4.The Tahsildar Taluk Office, Nambiyur Taluk Erode District 5.The Surveyor Nambiyur Taluk Office Nambiyr Erode District 6.The Village Administrative Officer Nichampalayam Village Nambiyur Taluk, Erode District .. Respondents 1/4

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 4 to give a direction to the 5th respondent to conduct the survey in Nichampalayam Village, Nambiyur Taluk, Erode District, Survey No.116, Sub Division 4 is having 0.14 hec it consists of 4 boundaries and sub division 5 is having 0.16 hec it consists of 4 boundaries. Patta Number is 897. But 5th respondent did not conduct survey till date 01.03.2024 and sub division 5 is having the petitioner's land within time fixed by this Hon'ble Court. For Petitioner : Mr.A.Vijayanathan For Respondents : Mr.A.Selvendran Special Government Pleader

O R D E R

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed for a direction to the respondents 1 to 4 to give a direction to the 5th respondent to survey the petitioner's land, within the time stipulated by this Court.

3. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials placed on record.

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4. It is the grievance of the petitioner that the 5th respondent had refused to survey the petitioner's land citing the reason that O.S.No.179 of 2022 is pending on the file of the Sub Court, Gobichettipalayam. Hence, the present writ petition.

5. When this Court posed a query to the learned counsel for the petitioner as well as the petitioner, who is present before this Court, it is submitted that a suit for declaration is already pending in respect of the same property. Further, the written instructions submitted by the learned Special Government Pleader before this Court also reveals that O.S.No.179 of 2022 is pending.

6. In such view of the matter, as the suit for comprehensive relief is already pending in respect of the same property and the petitioner also filed an application in the pending suit to survey the property through an Advocate Commissioner, the same shall be decided expeditiously by the learned Sub Judge, Gobichettipalayam, after hearing other side. With the above direction, this writ petition is disposed of. No costs. 03.07.2024 gya 3/4

N.SATHISH KUMAR, J.

gya To 1.The Secretary Revenue Department Secretariat, St. George Fort Chennai 2.The District Collector Collector Office Erode 3.The Sub Collector Sub Collector Office Gobichettipalayam Erode District 4.The Tahsildar Taluk Office, Nambiyur Taluk Erode District 5.The Surveyor Nambiyur Taluk Office Nambiyr Erode District 6.The Village Administrative Officer Nichampalayam Village 03.07.2024 Nambiyur Taluk, Erode District 4/4