Madras High CourtWP/19168/2020disposed of

P.Subramaniyam v. The District Collector

2020-12-18Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2020

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH W.P.No.19168 of 2020 P. Subramaniyam ... Petitioner Vs.

1.The District Collector, Salem, Salem District.

2.The Tahsildar, Kadaiyampatti Taluk, Salem District.

3.The Survey Inspector/Taluk Surveyor, Office of Tahsildar, Kadaiyampatti, Salem District .. Respondents Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus, directing the 2nd and 3rd respondents to survey the land comprised in Survey No.58/3B4, 60/3D and 60/3E in Patta no.844 2 situated at Kadayampatti Taluk, Danishpet Village, Salem District based on the application of the petitioner dated 18.11.2019 within a stipulated time.

For Petitioner : Mr.C.Prabakaran For Respondents: Mr. Arul Dass, Govt. Advocate

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the respondents to consider the application submitted by the petitioner on 18.11.2019, wherein, the petitioner is seeking for the survey of the subject property and for sub division of the same and for issuance of a sub division patta in the name of the petitioner.

2. Mr.Arul Dass, learned Govt. Advocate appearing on behalf of the respondents submitted that the 2nd respondent has fixed a date for enquiry on 29.12.2020 at 3 p.m. Learned counsel submitted that the petitioner can be present at the time of enquiry along with all the relevant documents. Page numbers https://hcservices.ecourts.gov.in/hcservices/

3. Taking into consideration the facts and circumstances of the case and also of the fact that the 2nd respondent has already called the petitioner for enquiry, there shall be a direction to the 2nd respondent to conduct the enquiry after affording opportunity to the petitioner and the other three joint pattadars and shall 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.

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

1. The District Collector, Salem, Salem District.

2. The Tahsildar, Kadaiyampatti Taluk, Salem District.

3. The Survey Inspector/Taluk Surveyor, Office of Tahsildar, Kadaiyampatti, Salem District.

+1cc to Mr.C.Prabakaran, Advocate SR.41872 +1cc to the Government Pleader SR.41948 W.P.No.19168 of 2020 CP(CO) CB(20/01/2021) Page numbers https://hcservices.ecourts.gov.in/hcservices/