Madras High CourtWP/19272/2014disposed of

R.Jothivel v. The Revenue Divisional Officer

2015-02-03Honourable Mr Justice T. S. Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2015

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P.NO.19272 OF 2014

1. R.Jothivel

2. Minor Kannan represented by his Mother and Natural Guardian R.Rasathi

3. Ramu @ Ramayee .. Petitioners

Versus

1. The Revenue Divisional Officer, Mettur Division, Mettur Dam-1, Mettur Taluk,

2. The Tahsildar, Mettur Taluk, Mettur Dam-1,

3. The Taluk Head Surveyor, Mettur Taluk, Mettur Dam-1,

4. The Firka Surveyor, Pottaneri Firka, Mettur Taluk,

5. The Revenue Inspector, Mecheri, Mettur Taluk,

6. The Village Administrative Officer, Mallikundam Post, Mecheri Via, Mettur Taluk, Salem District.

7. The Inspector of Police, Mecheri Police Station, Mecheri, Mettur Taluk,

8. S.Jayamani .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus directing the respondents 3 and 4, with the assistance of the sixth respondent to comply the summon issued by the fourth respondent in Me.A.No.3333/13, dated 04.04.2013 to measure and lay stones around the boundaries regarding the property situated in S.No.183/5A and 183/5C and direct the seventh respondent to give police aid to comply the same. For Petitioners :

Mr.G.K.Sekar For Respondents :

Mr.P.Rajalakshmi Govt. Advocate for RR 1 to 7 No appearance for R8

O R D E R

Heard Mr.G.K.Sekar, learned counsel for the petitioners and Ms.P.Rajalakshmi, learned Government Advocate for the respondents 1 to 7.

2. Though the eighth respondent has been served and her name has been printed in the list, none appears for the eighth respondent.

3. The petitioners seek for a direction upon the respondents 3 and 4 to comply the summon issued by the fourth respondent in Me.A.No.3333/13, dated 04.04.2013 to measure and lay stones around the boundaries regarding the property situated in S.No.183/5A and 183/5C and direct the seventh respondent to give police aid to comply the same.

4. The said request of the petitioners to measure the property and lay survey stones around the boundaries was taken into consideration and the fourth respondent, the Firka Surveyor of Mallikundam Village, has issued notice upon both the parties, namely, the petitioners and the eighth respondent to appear for enquiry on 04.05.2013 at 10.00 a.m. According to the petitioners, they have appeared on that day, but the eighth respondent did not appear and therefore, still the matter is pending.

5. In light of the above facts, without going into the

merits of the petitioners' claim, there will be a direction to the fourth respondent to fix a fresh date, by issuing fresh notice to the petitioners as well as eighth respondent, for inspecting the property and proceed to measure the property and after giving the parties an opportunity of personal hearing to air their objections, submit an appropriate report within a period of eight weeks form the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gg To