S.Madheshwaran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 19.12.2023 Coram:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No.32846 of 2022 --- S.Madheshwaran, S/o Sellappan .. Petitioner Vs.
1. The District Collector, Dharmapuri District.
2. The District Revenue Officer, Dharmapuri District.
3. The Sub-Collector, Dharmapuri District.
4. The Tahsildar, Dharmapuri Taluk, Dharmapuri District.
5. The Village Administrative Officer, A.Reddihalli Village Dharmapuri District.
6. P.Nagarajan .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the third respondent to dispose of the petitioner's application, dated 13.10.2022 for Sub-Division Corrections and Patta name transfer to the petitioner Plot in Survey No.89/1B9 situated at A.Reddihalli 1 / 5
Village, Dharmapuri Taluk, Dharmapuri District, within a stipulated time on merits. For petitioner : Mr.Krishnasamy Chinnasamy For respondents: Mr.V.Veluchamy, Addl.G.P. for RR-1 to 5 Mr.V.Elangovan for R-6
ORDER
The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the third respondent to dispose of the petitioner's application, dated 13.10.2022 for Sub-Division Corrections and Patta name transfer to the petitioner's Plot in Survey No.89/1B9 situated at A.Reddihalli Village, Dharmapuri Taluk, Dharmapuri District, within a stipulated time on merits.
2. Though this Writ Petition is filed for simple Mandamus to consider the petitioner's application, dated 13.10.2022 for conducting survey and though the learned Additional Government Pleader appearing for respondents 1 to 5 submitted that already, in the presence of the petitioner, the survey was conducted and the petitioner has shown his boundaries, but however, if he is still aggrieved by the same, he has to work out his remedy in the manner known to law. However, the petitioner is ready for conducting enquiry after giving notice to him and the private respondent and pass orders on merits and in accordance with 2 / 5
law.
3. Therefore, the fourth respondent is directed to give notice to the petitioner and the sixth respondent and also the adjacent land owners, if any in respect of the four boundaries of the subject property and also the rival claimants, if any or interested parties, if any, as the case may be and after giving notice to those parties, enquiry shall be conducted in the manner known to law and appropriate orders be passed on merits and in accordance with law. After passing the order, if the petitioner is otherwise eligible for his relief, the fourth respondent is directed to conduct the survey. The above exercise shall be completed within a period of two months from the date of receipt of a copy of this order.
4. With the above observations and directions, the Writ Petition is disposed of. There shall be no order as to costs.
19.12.2023 cs 3 / 5
To
1. The District Collector, Dharmapuri District.
2. The District Revenue Officer, Dharmapuri District.
3. The Sub-Collector, Dharmapuri District.
4. The Tahsildar, Dharmapuri Taluk, Dharmapuri District.
5. The Village Administrative Officer, A.Reddihalli Village Dharmapuri District.
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P.VELMURUGAN, J cs W.P.No.32846 of 2022 19.12.2023 5 / 5