Govindaraj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.11.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.16499 of 2020 & W.M.P.No.20476 of 2020 Govidaraj, ... Petitioner S/o. Kaveri Goundar.

Vs 1.The District Collector, ... Respondents Collectorate Building, Dharmapuri District.

2.The Tahsildar, Palacode Taluk, Karagathahalli, Palacode, Dharmapuri District- 636808.

3.The Executive Engineer, Wahab Nagar, Krishnagiri-635 002.

4.The Assistant Engineer, Kutty Goundanur, Kaveripatinam, Krishnagiri Taluk and District.

Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the 2nd respondent to measure and identify the land measuring an extent of 3.85 acres comprised in S.No.418, situated at Pikkanahalli village, Palacade Taluk, Dharmapuri District and not to disturb the petitioner's peaceful possession and enjoyment of the land without following the due process of law and consequently direct the 4th respondent not to disconnect the electricity service connection No.08043003637 stands in the name of the petitioner.

For Petitioner : Mr.S.Sathyaraj For Respondents : Mr.G.Rajesh Government Advocate

ORDER

This Writ Petition has been filed for the issue of Writ of Mandamus directing the 2nd respondent to conduct the survey in the subject property and to identify the property based on the representation made by the petitioner on 02.03.2020

2. Mr.G.Rajesh, learned Government Advocate appearing on behalf of the 1st and 2nd respondents submitted that the 2nd respondent has called the petitioner for an enquiry on 04.12.2020 at 11.00 a.m. The learned counsel submitted that the petitioner can be present at the time of enquiry along with all the relevant documents and the 2nd respondent will take a decision with regard to conducting the survey in the subject property.

3.Taking into consideration the facts and circumstances of the case and also of the fact that the 2nd respondent has already called the petitioner for enquiry, there shall be a direction to the 2nd respondent to conduct the enquiry and take a decision strictly in accordance with law, within a period of four weeks from the date of receipt of copy of this order. 4.This Writ Petition is disposed of with the above direction. No costs.

Consequently, connected Miscellaneous Petition is closed.

-sd/- Assistant Registrar (cs) //True Copy// Sub Assistant Registrar lpp To 1.The District Collector, Collectorate Building, Dharmapuri District.

2.The Tahsildar, Palacode Taluk, Karagathahalli, Palacode, Dharmapuri District- 636808.

3.The Executive Engineer, Wahab Nagar, Krishnagiri-635 002.

4.The Assistant Engineer, Kutty Goundanur, Kaveripatinam, Krishnagiri Taluk and District.

+1 C.C.to THE GOVERNMENT PLEADER, SR.NO.37957 W.P.No.16499 of 2020 & W.M.P.No.20476 of 2020 NMI (CO) UMY (21/12/2020)