Madras High CourtWP/18200/2020disposed of

M.Aadhimoolam v. The District Collector

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.NO.18200 OF 2020 Aadhimoolam ... Petitioner Vs

1. The District Collector, District Collectorate, Cuddalore District.

2. The Sub Collector, Office of the Sub Collector, Virudhachalam, Cuddalore District.

3. The Tahsildar, Virudhachalam Taluk, Cuddalore District.

4. The Taluk Land Surveyor, Land Survey Department, Virudhachalam Taluk, Cuddalore District.

5. The Inspector of Police, Mangalampettai Police Station, Cuddalore District.

6. Kathamuthu

7. Palanivel

8. Muthaiyan .. Respondents Prayer:

Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus directing the respondents 3 and 4 to survey the land comprised in Survey Number 34/1B at Kovilanoor Village, Mangalampettai, Virudhachalam Taluk, Cuddalore District by specifying proper field boundary measurement with the aid and assistance of 5th respondent in terms of strict compliance with the Memo of the 2nd respondent bearing Oo.Mu.(A4) 2296/2020 dated 31.08.2020 after

considering the representation of the petitioner dated 04.11.2020 in accordance with law on merits expeditiously within a time frame as may be stipulated by this Court. For Petitioner : Mr.C.E.Pratap For Respondents: Mr.E.Balamurugan, Spl.Govt. Pleader

O R D E R

This Writ Petition has been filed for issue of Writ of Mandamus directing the 3rd and 4th respondents to survey the subject property and to mark the boundaries based on the application submitted by the petitioner on 4.11.2020.

2. Mr.E.Balamurugan, learned Special Govt. Pleader appearing on behalf of the respondents 1 to 5 submitted that the 3rd respondent has already fixed a date for enquiry on 30.12.2020 at 10 a.m. The learned counsel further submitted that the petitioner can be present before the 3rd respondent along with all the relevant documents and the 3rd respondent will thereafter take a decision regarding the survey of the property within the time limit prescribed by this Court.

3. Taking into consideration the facts and circumstances of the case and also of the fact that the 3rd respondent has already called the parties for preliminary enquiry, there shall be a direction to the 3rd respondent to conduct enquiry after giving an opportunity to the petitioner and the respondents 6 to 8 and shall take a decision regarding the survey of the property within a period of four 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.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar msr