K.Malarvizhi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE WP.No.20418 of 2020 K.Malarvizhi

...Petitioner

-Vs1.The District Collector, Tiruvannamalai District, Tiruvannamalai.

2.The District Revenue Officer, Tiruvannamalai, Tiruvannamalai District.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Cheyyar Taluk, Tiruvannamalai District.

4.The Tasildhar, Cheyyar Taluk, Tiruvannamalai District.

5.K.Ganapathy 6.K.Maharajan 7.M.Vasu

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to survey the land comprised in survey No.100/2 and 100/7 situated at Pyngkinar Village, Cheyyar Taluk, Tiruvannamalai District on the basis of the Sale deed dated 28.8.1988 and Sale Deed Dated 6.2.2003 by considering the petitioner's representation dated 27.7.2020.

For Petitioner : Mr.R.Rajarajan For Respondents : Mr.S.N.Parthasarathi, Government Advocate

ORDER

The petitioner has approached this Court with a grievance that the Revenue Record and Assessed Survey Record were tampered by the fourth respondent herein. The petitioner has filed a representation dated 27.07.2020 to the third respondent/Revenue Divisional Officer to restore the FMB as it stood originally.

2.Mr.S.N.Parthasarathi, learned Government Advocate takes notice for respondents 1 to 4.

3.Heard both sides. The learned counsel for the petitioner made a candid statement that the patta has not been mutated in view of the revenue sub-division. 4.After considering the facts and circumstances, this Court directs;

a) the third respondent to cause an enquiry into the matter after issuing due notice to all the parties who are likely to be affected by his act and after grating them a fair and effective hearing, to dispose of the representation of the petitioner through a speaking order, within a period of twelve (12) weeks from today (06.01.2021).

b) the second respondent to cause an enquiry as to if any mischief is done by any Surveyor or Revenue Official, then to cause an enquiry, and to report to this Court the nature of departmental action contemplated against the erring officer.

c) to file the compliance report on (a) and (b) on or before 09.04.2021.

5.The learned Government Advocate is required to communicate the operative portion of the order to the concerned official.

6.The Writ Petition is disposed of accordingly. No costs.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar Tsg

To 1.The District Collector, Tiruvannamalai District, Tiruvannamalai.

2.The District Revenue Officer, Tiruvannamalai, Tiruvannamalai District.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Cheyyar Taluk, Tiruvannamalai District.

4.The Tasildhar, Cheyyar Taluk, Tiruvannamalai District.

+1 cc to Mr.R.Rajarajan Advocate sr390 +1 cc to the Government Pleader sr916 W.P.No.20418 of 2020 aa18/01/2021 aa20/01/2021