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Madras High CourtWP/22818/2023disposed of

K.Gunasekaran v. The District Collector

2023-10-11Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.10.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Gunasekaran .. Petitioner -vs1. The District Collector, Erode.

2. The Revenue Divisional Officer, Modakurichi, Erode.

3. The Tahsildar, Modakurichi Taluk, Erode.

4. Samiappan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 3rd respondent to conduct an inspection in S.No.366, New Survey No.1052, Vadukapatti Village, Erode District based on the order passed in W.P.No.23983 of 2021 dated 07.01.2022 within a time frame to be fixed by this Court.

For the Petitioner :

Mr. V.Balamurugane For the Respondents :

Mr.P.Muthukumar, State Government Pleader, Assisted by Mrs.R.Anitha, Special Government Pleader for RR 1 to 3 :

Mr.V.Regunathan, for R-4 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.V.Balamurugane, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader, for respondent Nos.1 to 3 and Mr.V.Regunathan, learned counsel for respondent No.4

2. The learned State Government Pleader submits that the survey would be conducted in the presence of the parties within a week. The petitioner and the fourth respondent may remain present before the third respondent on 16.10.2023. Thereafter, the Tahsildar may cause survey to be conducted in the presence of both the parties.

Pursuant to the report of the survey, the further action be taken in accordance with law.

The writ petition is, accordingly, disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 11.10.2023 Index : Yes/No : Yes/No sra To

1. The District Collector, Erode.

2. The Revenue Divisional Officer, Modakurichi, Erode.

3. The Tahsildar, Modakurichi Taluk, Erode.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sra) 11.10.2023