K.M.Swaminathan v. The Director Of Land Survey Department,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.05.2022

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.NO.12931 OF 2022 K.M.Swaminathan ... Petitioner vs

1. The Director of Land Survey Department, Chepauk, Chennai- 600 005.

2. The District Collector, Krishnagiri.

3. The Revenue Divisional Officer, Krishnagiri.

4. The Revenue Tahsildar, Krishnagiri.

5. The Inspector of Police, Kaveripattinam Police Station, Krishnagiri District.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 3 & 4 to survey the petitioner's properties in S.F.Nos.30/1A, 30/1B, 31/2A1, 31/2A2, 31/2B, 31/2C, 31/4A & 31/4B at Janaparahalli Village, Krishnagiri Taluk & District, on the basis of Challan No.20220311001258 dated 11.03.2022 and also by considering the petitioner's representation dated 17.03.2022.

For Petitioner :

Mr.R.Marudhachalamurthy For Respondents :

M/s.R.L.Karthika Government Advocate

O R D E R

Mere sending of a representation would not provide cause for a person to approach this Court under Article 226 of Constitution Of India. The Writ Petitioner who has approached this Court has to establish his right or infringement of any such right for the purpose of granting relief.

2. In the present Writ Petition, the relief sought for is to consider the representation. A mere direction to consider the representation would not do any service to cause of justice. Merely issuing direction to consider the representation would result in multiplicity of litigation which is not desirable. Thus the Writ Petitions are to be admitted only if the Petitioner establish a right or infringement of any such right.

3. The learned counsel for the Petitioner states that he has submitted an application for conducting survey of his land and paid necessary fees. It is needless to state that the said application must be in compliance with the provisions of Tamil Nadu Surveys and Boundaries Act, 1923.In the event of filing an appropriate application in the prescribed format before the authorities by complying with the requirements, the competent authorities are bound to consider the matter in accordance with the procedures contemplated under the said Act.

4. The learned Government Advocate appearing for the Respondents submitted that the Petitioner has sent the application through E-mail which is not in the prescribed format. However, the Petitioner is at liberty to submit an application in the prescribed format in compliance with the provisions of Tamil Nadu Surveys and Boundaries Act and in the event of submitting any such application, the competent authorities/Respondents are directed to look into the same and initiate all appropriate actions, in the manner known to law. 5.With the above directions, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar/Vacation Officer //True Copy// Sub Assistant Registrar arr/nv

To 1.

The Director of Land Survey Department, Chepauk, Chennai- 600 005.

2.

The District Collector, Krishnagiri.

3.

The Revenue Divisional Officer, Krishnagiri.

4.

The Revenue Tahsildar, Krishnagiri.

5.

The Inspector of Police, Kaveripattinam Police Station, Krishnagiri District.

+1cc to M/s.R.Marudhachalamurthy, Advocate, S.R.No.31588 +1cc to the Government Pleader, S.R.No.31605 W.P.No.12931 of 2022 SSI(CO) RLP(27/05/2022)