P.Velayudham v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.12.2020

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH W.P.No.17062 of 2020 P.Velayudham .. Petitioner Vs.

1. The District Collector, Namakkal District.

2. Asst. Director of Survey, District Survey Office, Namakkal.

3. Tahsildar, Rasipuram Taluk, Namakkal District.

4. P.Sengamalai .. Respondents Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Manamdus directing the respondents 2 and 3 to survey the properties in (I) Survey Nos.149/1 having an extent of Acre 1.77 cents; (ii) Survey Nos.149/2 having an extent of Acre 0.33 cents; and (iii) Survey Nos.149/3 having an extent of Acre 0.33 cents and (iii) Survey Nos.149/3 having an extent of Acre 0.03 cents situated in Naraikinaru Revenue Village, Rasipuram Taluk, Namakkal District with adequate protection and to effect sub division, by issuing separate patta to the petitioner, in respect of his 4/5 shares in the said properties, within a reasonable period to be fixed by this Court.

For Petitioner : Mr. R.Neelagandan For Respondents: Mr.E.Balamurugan, Special Govt.Pleader

O R D E R

This writ petition has been filed for the issue of Writ of Mandamus directing the 2nd and 3rd respondents to act upon the representation made by the petitioner, wherein, the petitioner is seeking for the survey of the subject property and for issuance of a separate patta in favour of the petitioner with respect to 4/5th share in the subject property.

2. Mr.E.Balamurugan, learned Special Govt. Pleader appearing on behalf of respondents 1 to 3 submitted that the 3rd respondent https://hcservices.ecourts.gov.in/hcservices/

has already called the parties for an enquiry on 7.12.2020 at 11 a.m. The learned counsel submitted that the petitioner can be present at the time of enquiry along with all the relevant documents.

3. Taking into consideration the facts and circumstances and also of the fact that the 3rd respondent has already called the parties for an enquiry, there shall be a direction to the 3rd respondent to conduct the enquiry by giving an opportunity to all the parties concerned and shall take a final decision strictly in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

4. The writ petition is disposed of with the above directions. No costs.

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

1. The District Collector, Namakkal District.

2. Asst. Director of Survey, District Survey Office, Namakkal.

3. Tahsildar, Rasipuram Taluk, Namakkal District.

+1cc to Mr.R.Neelakandan, Advocate, S.R.No.39401 W.P.No.17062 of 2020 rld(CO) rv(19/01/2021) https://hcservices.ecourts.gov.in/hcservices/