Rajakumaran v. The District Revenue Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :14.12.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.18541 of 2020 Rajakumaran S/o.Manicka Gounder ... Petitioner Vs.

1.The District Revenue Officer Office of the District Collector Tiruvannamalai 2.The Tahsildar Tiruvannamalai.

... Respondents (R2 suo motu impleaded vide order dated 14.12.2020 in W.P.No.18541 of 2020) Prayer:

This Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondent to consider the petitioner's representation dated 23.09.2020 and to demarcate the said common pathway situated from east to west, connecting petitioner's land in Survey No.162/1 to the Kalasapakkam Main Road by sub-dividing as per the revenue documents i.e., UDR and FMB sketch. For Petitioner : Mr.M.Marimuthu For Respondents: Mr.Aruldass, Government Advocate

ORDER

The Tahsildar, Tiruvannamalai is suo motu added as the second respondent in this Writ Petition.

2.This Writ Petition has been filed for the issue of Writ of Mandamus directing the respondents to consider the representation made by the petitioner on 23.09.2020, wherein the petitioner has sought for demarcation of common pathway connecting the property of the petitioner in accordance with the revenue records.

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3.Mr.Aruldass, learned Government Advocate appearing on behalf of the respondents submitted that based on the representation made by the petitioner, the impleaded second respondent has called the petitioner for a preliminary enquiry on 29.12.2020 at 03.00 P.M. The learned counsel further submitted that the petitioner can be present at the time of preliminary enquiry alongwith all the relevant documents and the second respondent will enquire the petitioner and send a report to the first respondent and thereafter, the first respondent will pass orders in accordance with law.

4.Taking into consideration the facts and circumstances of the case and also of the fact that the second respondent has already called the petitioner for enquiry, there shall be a direction to the second respondent to conduct enquiry and submit a report before the first respondent within a period of six weeks from the date of receipt of a copy of this order. The first respondent on receipt of the report shall pass final orders strictly in accordance with law within a period of four weeks thereafter.

5.This Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sai/pgp To 1.The District Revenue Officer Office of the District Collector Tiruvannamalai 2.The Tahsildar Tiruvannamalai +1 cc to The Government Pleader, Sr.No. 40930 W.P.No.18541 of 2020 SSI(CO) RMP(19/01/2021) https://hcservices.ecourts.gov.in/hcservices/