Madras High CourtWP/24905/2019disposed of

S.Manoharan v. The District Collector

2021-02-15Honourable Mr Justice N. Seshasayee2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.P.No.24905 of 2019 S.Manoharan ...

Petitioner Vs.

1.The District Collector Tiruppur District Tiruppur.

2.The Tahsildar Uthukuli Taluk Office Uthukuli Tiruppur District.

...

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the second respondent herein to consider and pass orders on the petitioner representation dated 04.07.2019 submitted for to do a detailed land survey on the said sub division survey numbers 78/A2, 92/1, 92/2, 92/3, 92/4, 92/6, 92/7, 92/8, 92/16, 92/17 & 92/18 of Sarkar Periyapalayam Village by an official surveyor so as to enable us to find out the exact boundaries and to put up boundary stones as it may deem fit in the circumstances of the above case. For Petitioner : Mr.V.R.Appaswamee For Respondents : Mr.S.N.Parthasarathi Government Advocate

ORDER

The present petition is filed seeking a direction to the Tahsildar, Uthukuli Taluk, Tiruppur District / second respondent for revenue sub-division of the petitioner's property in Survey Nos. 78/A2, 92/1, 92/3, 92/4, 92/6, 92/7, 92/8, 92/16, 92/17 & 92/18 of Sarkar Periyapalayam Village. 2.1 Heard the learned counsel for the petitioner. Mr.S.N.Parthasarathi, learned Government Advocate takes notice for the respondents and makes a statement on instructions that the enquiry is scheduled to take place at 1100 a.m., on 26.02.2021 in the office of the second respondent. https://hcservices.ecourts.gov.in/hcservices/ Page numbers

2.2 The learned Government Advocate also informed the Court that the petitioner might have to pay additional charges for the purpose of revenue sub-division, and the petitioner's counsel agreed to pay whatever charges that are due. The said statement of the learned counsel for the petitioner is recorded.

3. Inasmuch as the date for enquiry is fixed by the respondents, no direction is required to be given except that the second respondent/Tahsildar, Uthukuli Taluk, Tiruppur District, is directed to hold an enquiry after issuing notices to all the parties who are likely to be affected by his decision, and after providing the parties a fair and effective hearing and to dispose of the said representation through a speaking order within a period of twelve (8) weeks from the date of service of order copy, subject to such time that may be lost in responsibilities connected with the ensuing General Election of the Tamil Nadu State Legislative Assembly, 2021.

4. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar ds 1.The District Collector Tiruppur District Tiruppur.

2.The Tahsildar Uthukuli Taluk Office Uthukuli Tiruppur District.

+1cc to Mr.V.R.Appaswamee, Advocate SR.8721 +1cc to the Government Pleader SR.8815 W.P.No.24905 of 2019 AK II(CO) CB(22/02/2021) https://hcservices.ecourts.gov.in/hcservices/ Page numbers