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Madras High CourtWP/28458/2024disposed of

Gandhi Mathi v. The District Collector

2024-09-30Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Gandhi Mathi ... Petitioner Vs.

1.The District Collector, Collectorate, Mayiladuthurai District.

2. The Revenue Divisional Officer, O/o.The Revenue Divisional Office, Seerkazhi Taluk, Mayiladuthurai District.

3. The Tahsildar Taluk Office, Seerkazhi Taluk, Mayiladuthurai District.

4. Mrs.Sangeetha

5. Thamizh Selvan ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the 1st respondent to take suitable disciplinary action against the 4th respondent for conducting survey on 09.09.2024 of the petitioner's land in S.No.112/6 & 112/4 which is situated at Kondai Village, Seerkazhi 1/4

Taluk, Mayiladuthurai District and pass such other further orders and award cost of Rs.25,000/-.

For Petitioner : Mr.P.Vijendran For Respondents : Mr.S.Balamurugan R1 to R3 *****

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the 1st respondent to take disciplinary action against the 4th respondent based on the complaint / representation given by the petitioner.

2.

Heard Mr.P.Vijendran, learned counsel for the petitioner and Mr.S.Balamurugan, learned counsel for respondents 1 to 3.

3.

The case of the petitioner is that there is a property dispute with the 5th respondent. As a result, the petitioner has filed a suit and the 5th respondent has also filed a suit and these suits are pending on the file of learned Judicial Magistrate, Seerkazhi. The grievance of the petitioner is that inspite of objections made by the petitioner and also 2/4

inspite of bringing to the notice of the 4th respondent about the pending suits, the 4th respondent seems to have conducted a survey. Aggrieved by the same, the petitioner has given a complaint to take action against the 4th respondent. Since the same did not evoke any response, the present writ petition has been filed before this Court. 4.

Taking into consideration the facts and circumstances of the case and without going into the merits of the case, there shall be a direction to the petitioner to submit a fresh representation to the 2nd respondent along with all the relevant records and also a copy of this order. The 2nd respondent on receipt of the representation, shall hear the petitioner and the respondents 4 and 5 and shall take a decision in accordance with law within a period of six weeks from the date of receipt of representation from the petitioner. 5.

This writ petition is disposed of with the above directions. No costs.

30.09.2024 Index: yes/no Speaking Order/Non-Speaking Order rka 3/4

N.ANAND VENKATESH.,J rka To 1.The District Collector, Collectorate, Mayiladuthurai District.

2. The Revenue Divisional Officer, O/o.The Revenue Divisional Office, Seerkazhi Taluk, Mayiladuthurai District.

3. The Tahsildar Taluk Office, Seerkazhi Taluk, Mayiladuthurai District.

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