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Madras High CourtWP/44462/2016disposed of

M.Anandkumar, S/O.P.Mani, v. The District Revenue Officer,

2017-06-20Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.06.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DURAISAMY W.P. No.44462 OF 2016 M.Anandkumar .. Petitioner Vs 1.The District Revenue Officer, Salem.

2.The Tahsildar, Salem.

3.The Commissioner, Salem City Municipality Corporation, Fort Main Road, Shevapet, Salem 636 001.

4.The Sub Inspector of Survey, Salem-North, Salem City Municipal Corporation Fort Main Road, Shevapet, Salem 636 001.

.. Respondents (R3 & R4 impleaded as per order dated 09.01.2017 in WP.651 of 2015) PRAYER:

This Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the respondents to dispose of the petitioner's representations dated 29.08.2016 and 31.08.2016 within a time stipulated time fixed by this Court.

For Petitioner : Mr.M.R.Thangavel For Respondents: Mr.A.N.Thambidurai, Spl. Govt. Pleader

O R D E R

The petitioner has filed the above writ petition seeking issuance of a writ of Mandamus directing the respondents to dispose of the petitioner's representations dated 29.08.2016 and

31.08.2016, within a time stipulated time fixed by this Court. 2.The petitioner has given representations dated 29.08.2016 and 31.08.2016 detailing the anomaly that had crept in due to the incorrect F.M.B. Sketch issued by the Town Sub Inspector of Survey. The learned counsel for the petitioner submitted that the respondents have not considered the petitioner's representations so far.

3.Mr.A.N.Thambidurai, learned Special Government Pleader appearing for the respondents submitted that the competent authority may be directed to consider the petitioner's representations dated 29.08.2016 and 31.08.2016. However, he further submitted that the competent authority is the Revenue Divisional Officer, who has not been made as a party to the writ petition.

4.Learned counsel for the petitioner submitted that liberty may be given to the petitioner to furnish fresh representation to the concerned Revenue Divisional Officer and the concerned Revenue Divisional Officer may be directed to consider the petitioner's representation, in accordance with law. 5.In view of the submissions made on either side, liberty is given to the petitioner to give fresh representation to the Revenue Divisional Officer, Salem within ten days from the date of receipt of a copy of this order and on receipt of the said representation, the Revenue Divisional Officer concerned is directed to consider the same and pass orders in accordance with law, after giving notice to all the interested parties, within a period of four weeks from the date of submission of the representation by the petitioner.

6.With the above observations, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kal/ggi

To 1.The District Revenue Officer, Salem.

2.The Tahsildar, Salem.

3.The Commissioner, Salem City Municipality Corporation, Fort Main Road, Shevapet, Salem 636 001.

4.The Sub Inspector of Survey, Salem-North, Salem City Municipal Corporation Fort Main Road, Shevapet, Salem 636 001.

+1cc to Mr.C.Anbu, Advocate, S.R.No.43336 W.P. No.44462 OF 2016 CA(CO) RS(03/07/2017)