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Madras High CourtWP/18925/2020disposed of

M.Selvakumar v. The District Collector

2020-12-17Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :17.12.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.18925 of 2020 1.M.Selvakumar, S/o.V.N.Muthusamy 2.S.Nithyaraj, S/o.Sampath 3.K.Yogeshwaran, S/o.Kandasamy 4.S.Mohankumar S/o.Sampathy ... Petitioners Vs.

1.The District Collector, Tiruppur, Tiruppur District.

2.The Revenue Divisional Officer, Tiruppur, Tiruppur District.

3.The Tahsildar Palladam Taluk Office, Palladam, Tiruppur District.

4.The Village Administrative Officer, V.Vadamalaipalayam, Palladam Taluk, Tiruppur District.

5.The Taluk Surveyor, Palladam Taluk Office, Palladam, Tiruppur District.

6.The Surveyor, Pongallur Firka, Palladam Taluk Office, Palladam, Tiruppur District.

... Respondents

Prayer:

This Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 3 to 6 to conduct survey, make subdivision and transfer the patta in the name of petitioners in respect of their land comprised in Survey Numbers.9/1D, 9/2C, 10/3B situated at V.Vadamalaipalayam Village, Pongallur, Palladam Taluk and Tiruppur District by considering representation dated 12.10.2020.

For Petitioner : Mr.K.Myilsamy For Respondents: Mr.E.Bala Murugan Special Government Pleader

ORDER

This Writ Petition has been filed for the issue of Writ of Mandamus, directing the respondents to conduct the survey in the subject property and make a subdivision and transfer the patta in the name of the petitioners.

2.Mr.E.Bala Murugan, learned Special Government Pleader appearing on behalf of the respondents submitted that the third respondent has called the petitioners for a preliminary enquiry on 24.12.2020 at 03.00 P.M. The learned counsel further submitted that the petitioners can be present at the time of enquiry before the third respondent alongwith all the relevant documents.

3.Taking into consideration the facts and circumstances of the case and also of the fact that the third respondent has already called the petitioners for a preliminary enquiry, there shall be a direction to the third respondent to proceed further with the enquiry and take a decision strictly in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

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

s/d- Assistant Registrar True Copy Sub-Assistant Registrar sai/pgp

To 1.The District Collector, Tiruppur, Tiruppur District.

2.The Revenue Divisional Officer, Tiruppur, Tiruppur District.

3.The Tahsildar Palladam Taluk Office, Palladam, Tiruppur District.

4.The Village Administrative Officer, V.Vadamalaipalayam, Palladam Taluk, Tiruppur District.

5.The Taluk Surveyor, Palladam Taluk Office, Palladam, Tiruppur District.

6.The Surveyor, Pongallur Firka, Palladam Taluk Office, Palladam, Tiruppur District.

+1 CC to Mr.K.Myilsamy, Advocate sr 41667.

+1 CC to The Government Pleader sr 41849, 41966. W.P.No.18925 of 2020 NR(CO) SP(18/01/2021)