Kanagaraj v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.09.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.27724 of 2024 and WMP.No.30237 of 2024 Kanagaraj
...Petitioner
Vs.
1.The District Collector Erode District Erode.
2.The Tahsildar Bhavani Taluk Erode District.
3.The Block Development Officer Ammapettai Erode District.
4.The President Manickampalayam Panchayat Kurichi Village Erode District.
5.The Executive Engineer Water Resources Department Mettur Dam Mettur Dam 636 401.
...Respondents
1/6
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to remove the boundary stones from petitioner's patta land and resurvey the lands in S.Nos.979 and 989/1, Kurichi Village, Bhavani Taluk, Erode District after issuing notice to the petitioner based on the revenue records i.e., UDR, ARegister and sketch maintained by the second respondent for the purpose of laying tar road.
For Petitioner : Mr.V.Elangovan For Respondents : Mr.A.Selvendran for R1 to R5 Special Government Advocate
O R D E R
The petitioner herein seeks a direction to the respondents to remove the boundary stones fixed in the petitioner's patta land situated in S.Nos.979 and 989/1, at Kurichi Village, Bhavani Taluk, Erode District, at the time of surveying Vaikal Poromboke in S.No.979. 2/6
2. It is the case of the petitioner that S.No.989/1 is his patta land and the respondents at the time of surveying the Vaikal poromboke situated in S.No.979 fixed boundary stones in his patta land. Therefore, the petitioner is before this Court.
3. It is also seen from the documents filed in the typed set of papers that the petitioner submitted an application on 26.07.2024 seeking survey of his patta land and he also submitted a representation to the respondent on 26.07.2024 seeking survey of his patta land in S.No.989/1 covered by the Patta No.99.
4. Mr.A.Selvendran, learned Special Government Pleader, who takes notice for the respondents 1 to 5 would submit that the representation of the petitioner will be considered, on its own merits, within a time frame fixed by this Court.
3/6
5. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the second respondent to survey the petitioner's patta land in S.No.989/1 and boundary stones in S.No.979 and pass final order, on its own merits, within a period of 8 weeks from the date of receipt of copy of this order, after issuing necessary notice to the respondents and other interested parties.
6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 24.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna 4/6
To 1.The District Collector Erode District Erode.
2.The Tahsildar Bhavani Taluk Erode District.
3.The Block Development Officer Ammapettai Erode District.
4.The President Manickampalayam Panchayat Kurichi Village Erode District.
5.The Executive Engineer Water Resources Department Mettur Dam Mettur Dam 636 401.
5/6
S.SOUNTHAR , J.
dna W.P No.27724 of 2024 and WMP.No.30237 of 2024 24.09.2024 6/6