K.Ponnusamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.08.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P.Nos.27162, 27164 and 27165 of 2024 K.Ponnusamy ... Petitioner vs.

1.The District Collector Coimbatore District Coimbatore - 641 018.

2.The Revenue Divisional Officer Coimbatore South Coimbatore - 641 018.

3.The Tahsildar Sulur Taluk Coimbatore District - 641 402.

4.The Village Administrative Officer Kaniyur Village, Coimbatore 641 659.

5.The Firka Surveyor Karumathampatty Coimbatore - 641 659 6.P.Sathyamurthy ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records culminating in the 1/4

impugned notice proceedings vide 2024/0123/12/002966 issued by the 5th respondent dated Nil.2024, communicated on 19.08.2024, proposing to survey the lands at Survey No.569/2, Kaniyur Village, Sulur Taluk, Coimbatore District on 20.08.2024 at 3 PM and quash the same. For Petitioner : Mr.S.Sai Sathiya Jith for M/s.S.Kamalesh Kannan For R1 to R4 : Mr.P.Sathish Additional Government Pleader

O R D E R

Challenging the impugned notice issued by the 5th respondent seeking to survey of the land in Survey No.569/2, Kaniyur Village, Sulur Taluk, Coimbatore District at the instance of 6th respondent, the petitioner has come by way of this writ petition.

2. According to the petitioner, the 6th respondent has no interest over the land sought to be surveyed and he is neither owner nor neighbour of the above said land. The petitioner submitted a detailed objection to survey of the land to the 3rd respondent on 25.07.2022 and the same has not been considered by the 3rd respondent till date. Therefore, the petitioner is before this Court.

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3. Mr.P.Sathish, learned Additional Government Pleader, who is taking notice for the respondents 1 to 4 would submit that the objection submitted by the petitioner against the survey of land will be considered by the 3rd respondent on its own merit within the time fixed by this Court.

4. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the 3rd respondent to conduct enquiry on the objection submitted by the petitioner on 25.07.2022 and pass final orders in accordance with law, after issuing necessary notice to the 6th respondent and after giving sufficient opportunity to the petitioner as well as 6th respondent, within a period of two weeks from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition stands disposed of. No costs. Consequently, the connected writ miscellaneous petitions are closed. 27.08.2024 Index : Yes/No Speaking order:Yes/No dm 3/4

S.SOUNTHAR, J.

dm To 1.The District Collector Coimbatore District Coimbatore - 641 018.

2.The Revenue Divisional Officer Coimbatore South Coimbatore - 641 018.

3.The Tahsildar Sulur Taluk Coimbatore District - 641 402.

4.The Village Administrative Officer Kaniyur Village, Coimbatore 641 659.

5.The Firka Surveyor Karumathampatty Coimbatore - 641 659 27.08.2024 4/4