Madras High CourtWP/17775/2017closed

Ayyamuthu v. The Block Development

2018-08-11Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :11.08.2018

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.17775 of 2017 and W.M.P.No.19281 of 2017 Ayyamuthu ..Petitioner vs 1.The Block development officer, Kongnapuram Tahsildar, Edapadi Taluk, Salem District.

2.The Tahsildar, Edappadi Taluk, Salem District.

3.The Head Surveyor, Office of the Edappadi Taluk office, 4.The Surveyor(Land), Edappadi Pirkka, Katchipalli Village, Edappadi Taluk, Salem District.

5.The Surveyor, Katchipalli Village, Edappadi Taluk, Salem District.

6.The Village Administrative Officer, Katchipalli Village, Edappadi Taluk, Salem District.

7.The Superintendent of Police, Salem District.

8.The Deputy Superintendent of Police,

9.The Inspector of Police, Magudanchavadi Police Station, Salem District. .. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent Nos.2 to 5 to consider the petitioner application dated 07.06.2017 in order to measure his patta No.3660 land and to fix the boundaries, Comprised in Survey No.125/2c and 125/3A, situated at Katchupalli Village, Edappadi Taluk, Salem District by fixing the boundaries and to furnish the surveyor report within a stipulated time fixed by this Hon'ble Court.

For Petitioner : Mr.N.Vijaya Baskar for M/s.Law Vision For Respondents: Mr.D.Suriya Narayanan for R1 Mr.R.S.Selvam, GA for R2 to R9

O R D E R

The relief sought for in this writ petition is for a direction to direct the respondents to consider the petitioner application dated 07.06.2017 in order to measure his patta No.3660 land and to fix the boundaries, Comprised in Survey No.125/2c and 125/3A, situated at Katchupalli Village, Edappadi Taluk, Salem District by fixing the boundaries and to furnish the surveyor report.

2.The learned Government Advocate appearing on behalf of the official respondents 2 to 5 made a submission that the grievance of the writ petitioner has already been redressed by the officials concerned and in this regard, the learned Government Pleader received a letter from the Tahsildar, Edappady in proceedings in Roc.No.6416/2017(A6) dated 06.02.2018 and the letter, which reads as follows:

From To Thiru.V.Kesavan M.Com, B.Ed, CS(Inter) The Government Pleader, Tahsildar The Government Pleader's Office Edappady High Court, Chennai - 600104.

Roc No.6416/2017(A6) Dated:06.02.2018

Respected Sir, Sub.:

Writ Petition - W.P.No.17775/2017 - Filed by,Thiru Ayyamuthu S/o Pachamuthu Sathiya Nagar, Siddar Kovil, Kosavapatty, Salem District with regard to measuring of S.No.125/3C and 125/3A and to fix boundary - Regarding.

Ref.:

1.This office FL Petition No:139/2017/D Dated:09.06.17 2.Firka Surveyor, Konganapuram(I/C) Report dt:07.10.2017 ***** I Solicit your kind attention to the subjected writ, wherein, the petitioner Tr.Ayyamuthu sought for remedy from Tahsildar Edappadi to measure his land in S.No.125/3C & 125/3A in Katchupalli Village, Edappadi Taluk. Before, to this writ he has applied for this vide ref.1st cited. Based upon his 'F' Line request this office has already considered and full field on 07.10.2017. His lands in S.No.125/2C & 125/3A had been measured by Firka Surveyor(I/C) Konganapuram on 07.10.2017 in the presence of the writ petitioner subject to his fullest satisfaction. He also given his statement in this regard in the presence of witness his wife & neighbor. The copies of the same is enclosed for your ready reference. Hence, kindly file this compliance before the Court and relive the Respondent 2 to 6 from this case and do the needful.

Encl:-Documents.

Thanking You Sir, TAHSILDAR EDAPPADI 3.This apart, the learned Government Advocate produced the documents to show that the writ petitioner also participated in the process of Survey and the entire measurement has been taken in the presence of the writ petitioner and to the satisfaction of the petitioner as well as his family members.

4.This being the factum of the case, no further adjudication needs to be entertained in respect of the grounds raised in this writ petition. Accordingly, the writ petition stands closed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar kak To 1.The Block development officer, Kongnapuram Tahsildar, Edapadi Taluk, Salem District.