G.Ramaiya v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.04.2019
CORAM
THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.9969 of 2019 and WMP.Nos.10539 & 10540 of 2019 G.Ramaiya
...Petitioner
Vs.
The Government of Tamil Nadu Rep. by its 1.The District Collector O/o. The Collectorate Office Cuddalore District.
2.The Thasildar Thasildar Office Veppur Taluk Cuddalore District.
3.The Taluk Surveyor Thasildar Office Veppur Taluk Cuddalore District.
4.The Village Administrative Officer Village Administrative Office Sirupakkam Village Veppur Taluk Cuddalore District.
5.Mathiyazhagan
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned notice bearing letter No.AFL/04/ dated 18.02.2019 issued by the 3rd respondent for conducting field survey to the land in survey No.595-2A on 02.04.2019 at 10.00 a.m. to quash the same and consequently, direct the 2nd respondent to take action pursuant to the petitioner's representation dated 13.03.2019.
For Petitioner : Mr.K.Venkateswaran For Respondents: Mr.V.Prabhu Government Advocate For R1 to R4
O R D E R
Mr.V.Prabhu, learned Government Advocate takes notice for the respondents 1 to 4. Since this writ petition is being disposed of without affecting the interest of the fifth respondent, notice to the said respondent is dispensed with.
2. The petitioner is aggrieved against the proceedings of the 3rd respondent dated 18.02.2019, which is nothing but a notice, calling upon the petitioner and others to appear for an enquiry in respect of survey of the subject matter land.
3. The grievance of the petitioner is that he has already made a request for survey along with necessary documents and without considering such request, the Revenue Officials are trying to survey the land at the instance of the 5th respondent.
4. Needless to state that the present impugned proceedings is only the notice calling upon the petitioner to appear for an enquiry along with relevant documents. When such being the position, it is for the petitioner to appear before the concerned Revenue officials to put forth his claim, so as to enable the authorities to consider the relevant documents filed by the respective parties and thereafter, to take a decision, accordingly. Without doing so, the petitioner has approached this Court and filed the present writ petition, which in my considered view, is highly pre-mature.
5. Accordingly, this writ petition is disposed of, without expressing any view on the merits of the claim made by the petitioner, only by granting liberty to the petitioner to raise all the objections before the Revenue Officials at the time of enquiry. If any such objection is raised, the Revenue officials will consider the same as well as the claim made by the 5th respondent and thereafter, to take a decision after hearing both parties. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS ) //True copy// Sub Assistant Registrar
mk To 1.The District Collector O/o. The Collectorate Office Cuddalore District.
2.The Thasildar Thasildar Office Veppur Taluk Cuddalore District.
3.The Taluk Surveyor Thasildar Office Veppur Taluk Cuddalore District.
4.The Village Administrative Officer Village Administrative Office Sirupakkam Village Veppur Taluk Cuddalore District.
+1cc to Mr.K.Venkateswaran, Advocate SR.No.31761 +1cc to Government Pleader SR.No.32014 W.P.No.9969 of 2019 MG(CO) GMY(07/05/2019)