T.M.Velusamy, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.12.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.34187 of 2016 T.M. Velusamy

...Petitioner

v.

1. The District Collector, Collectorate, Coimbatore District.

2. The Tahsildar, Coimbatore North, Coimbatore.

3. T.M. Arumugam

4. N. Samiyappan

5. S. Natrayaraja

6. Mumma Reddy Sreedhara Reddy

7. S. Rajendran

8. P. Balaraman

9. M/s. Shell India Marketing Pvt. Ltd., Campus 4A, RMZ Milenia Business Park, 143, Dr. M.G.R. Road, Kandanchavadi, Chennai - 600 096.

10. M/s. Spero Hospital Private Limited, Rep. By its Director, Mr. Kanaklal Abilalchand Shah, No. 64, Race Course Road, Coimbatore.

... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus directing the respondents to act according to the petitioner's application dated 24.06.2016 and 29.07.2016 to measure all the sub divided lands of S.F.No.18/2, situated at Thudiyalur Village, Coimbatore North, Coimbatore.

For Petitioner : Mr.V. Ashok Kumar For Respondents: Ms. A. Mathumathi, Special Govt. Pleader - R1 & R2 Mr. N. Sridhar for M/s. R. Bharath Kumar - R10

O R D E R

The petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing the 2nd respondent to act according to the petitioner's applications dated 24.06.2016 and 29.07.2016 to measure all the sub divided lands in S.F.No.18/2, situated at Thudiyalur Village, Coimbatore North, Coimbatore.

2. When the Writ Petition is taken up for hearing Mr. V. Ashok Kumar, learned counsel appearing for the petitioner and Mr. N. Sridhar, learned counsel appearing for the 10th respondent submitted that the petitioner and the 10th respondent have entered into a compromise and a Joint Memorandum of Compromise dated 08.03.2020 has been filed to the effect that they have consented for surveying the lands belonging to them in S.F. No.182/2 by the 2nd respondent.

3. Ms.A.Mathumathi, learned Special Government Pleader appearing for the respondents 1 and 2 submitted that on payment of the necessary fee for surveying the lands belonging to the petitioner and the 10th respondent, the 2nd respondent would conduct survey and pass necessary orders in accordance with law.

4. The Joint Memorandum of Compromise dated 08.03.2020 is taken on record and the same shall form part of the record.

5. Having regard to the submissions made by the learned counsel on either side, in view of the Joint Memorandum of Compromise entered into between the petitioner and the 10th respondent, the 2nd respondent is directed to conduct survey of the land on receipt of an application from the petitioner as well as the 10th respondent and on payment of necessary fee for the same and pass orders, within a period of eight weeks from the date of receipt of a copy of this order. The parties are at liberty to produce all the relevant documents before the 2nd respondent prior to the surveying of the land. With these observations, the Writ Petition is disposed of. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar Rj

To

1. The District Collector, Collectorate, Coimbatore District.

2. The Tahsildar, Coimbatore North, Coimbatore.

+1 CC to M/s. King and Partridge, sr 41574.

+1 CC to The Government Pleader sr 41855.

W.P.No.34187 of 2016 PVS(CO) SP(18/01/2021)