A.C.Muralidhar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P. No.9877 of 2017 and W.M.P. No.26817 of 2017 A.C.Muralidhar ... Petitioner Vs 1.The District Collector, Vellore, Vellore District.

2.The Sub Registrar Office, Walaja Nagar, Walajapettai, Vellore District.

3.The Land Surveyor, Walaja Nagar, Ammur, Walajapet,Vellore District.

4.The Tahsildar, Walajapet Taluk, Vellore District.

(R4 is suo impleaded vide order dated 20.11.2019 passed by this Court in W.P. No.9877 of 2017 by TRJ) 5.The Branch Manager, State Bank of India, SARC Vellore,Vellore District.

6.The Recovery Officer, Debt Recovery Tribunal III, 5th Floor, Dewa Towers, 770A, Anna Salai, Chennai-02.

7.A.C.Giridhar ... Respondents (respondents 5 to 7 are impleaded vide order dated 20.11.2019 passed by this Court in W.M.P. No.26817 of 2017 by TRJ) Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the third respondent to conduct the land survey in the petitioner's land (as per the WILL) and consider the petitioner's representation to the respondents on 10.04.2017. 1/3

For Petitioner : Mr.M.Senthamizh Selvan For Respondents : Mrs.P.Rajalakshmi, Additional Government Pleader

ORDER

This Court suo motu impleads the Tahsildar, Walajapet Taluk, Vellore District as the fourth respondent in this writ petition since he is also the necessary and proper party for disposal of the petition.

2.As there is no serious objection from the learned Additional Government Pleader appearing for respondents 1 to 4, W.M.P. No.26817 of 2017 to implead respondents 5 to 7 in this writ petition is allowed.

3.The petitioner has come to this Court seeking a direction to the third respondent to conduct the land survey in his land by considering his representation dated 10.04.2017 given to the respondents.

4.It is submitted by the learned counsel appearing for the petitioner that as the petitioner and his co-sharers are willing to partition their ancestral property vide Will executed by his maternal grandfather, namely, A.G.Govindharaju in the year 1962, the petitioner made a representation dated 27.03.2017 to the third respondent to measure his property. Since the same has not been considered till date, the petitioner has been advised to come to this Court.

5.Learned Additional Government Pleader appearing for respondents 1 to 4 would submit that a direction be given to the Tahsildar, Walajapet Taluk, Vellore District, who is now impleaded as the fourth respondent in this petition, to measure the petitioner's property.

6.Therefore, this Court directs the fourth respondent to consider the representation dated 10.04.2017 given by the petitioner and do the needful within a period of eight weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner and the interested parties, if any. Accordingly, the writ petition stands disposed of. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar 2/3

To 1.The District Collector, Vellore, Vellore District.

2.The Sub Registrar Office, Walaja Nagar, Walajapettai, Vellore District.

3.The Land Surveyor, Walaja Nagar, Ammur, Walajapet, Vellore District.

4.The Tahsildar, Walajapet Taluk, Vellore District.

5.The Branch Manager, State Bank of India, SARC Vellore,Vellore District.

6.The Recovery Officer, Debt Recovery Tribunal III, 5th Floor, Dewa Towers, 770A, Anna Salai, Chennai-02.

+1 cc to The Government Pleader Sr.No. 97609 AKM/09.01.2020/3P-8C / W.P. No.9877 of 2017 and W.M.P. No.26817 of 2017 3/3