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Madras High CourtWP/29868/2023disposed of

P.Mahavishnu v. State Of Tamil Nadu

2023-11-07Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN P.Mahavishnu ... Petitioner Vs.

1. The State of Tamil Nadu, Represented by, The District Collector, Thiruvannamalai District, Thiruvannamalai - 606 601.

2. The Revenue Divisional Officer, Thiruvannamalai Division, Thiruvannamalai - 606 601.

3. The Tahsildar, Chengam Taluk, Tiruvannamalai District - 606 701 ... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to cancel the sub division made in Survey No.189/7 situated at Anthanur Village for which the petitioner has submitted a representation dated

17.03.2023 to the second respondent and thereby a direction dated 11.04.2023 was issued by the second respondent to the third respondent to take further action and thereafter lastly the petitioner submitted a representation dated 28.06.2023 to the second respondent. For Petitioner : Mr.C.Premkumar For Respondents : Mr.V.Veluchamy Additional Government Pleader

O R D E R

This Writ Petition has been filed by the petitioner, to issue a Writ of Mandamus, to direct the respondents 1 to 3 to cancel the sub division made in Survey No.189/7 situated at Anthanur Village by considering his representation.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.

3. Though learned counsel appearing for the petitioner submitted that sub division stands in the name of one K.Sampath Naidu, the

petitioner has not impleaded him as party in the present writ petition. The petitioner tried to get an order behind the back of K.Sampath Naidu. However, having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the respondents to consider the petitioner's representation and conduct an enquiry and pass orders on merits and in accordance with law, after giving notice to the petitioner, the abovesaid rival claimant one K.Sampath Naidu and interested parties/other rival claimants if any, within a period of three months from the date of receipt of a copy of this order.

4. With the abovesaid direction, the Writ Petition is disposed of. There shall be no order as to costs.

07.11.2023 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The District Collector, Thiruvannamalai District, Thiruvannamalai - 606 601.

2. The Revenue Divisional Officer, Thiruvannamalai Division, Thiruvannamalai - 606 601.

3. The Tahsildar, Chengam Taluk, Tiruvannamalai District - 606 701

P.VELMURUGAN, J.

mfa 07.11.2023