P.Govindan v. The Thasildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.12.2023
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN P.Govindan ... Petitioner versus 1.The Thasildar, Taluk Office, Uthangarai, Krishnagiri District.
2.The Inspector of Police, Uthangarai Police Station, Krishnagiri District.
.....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 22.09.2023 to survey the land respect of lands measuring to an extent of 5 Acres 85 Cents out of Acre 6.10 cents comprised in S.Nos.135/1A1 , 135/1A2 and 136/2A situated at Karapattu Village, Uthangarai Taluk, Krishnagiri District. Pg.Nos.1/5
For Petitioner :
Ms.L.Aishwarya Lakshmi For Respondents :
Mr.R.P.Murugan Raja Government Advocate for R1 Mr.S.Sugendran Additional Public Prosecutor for R2
O R D E R
Mr.R.P.Murugan Raja, learned Government Advocate accepts notice for the first respondent. With the consent of both the parties the Writ Petition is taken up for final disposal at the admission stage, itself.
2. Though Mr.S.Sugendran, learned Additional Public Prosecutor accepts notice for the second respondent, this Court is of the view that the second respondent is not a necessary party and therefore, this Writ Petition is dismissed as against the second respondent.
3. The petitioner herein has given a representation to the respondents on 22.09.2023, seeking to conduct survey in respect of his property measuring an extent of 5 Acres 85 Cents out of Acre 6.10 cents comprised in Pg.Nos.2/5
S.Nos.135/1A1, 135/1A2 and 136/2A situated at Karapattu Village, Uthangarai Taluk, Krishnagiri District. Since the said representation has not been considered till date, the present Writ Petition has been filed.
4. Today, the learned counsel for the petitioner submitted that it would suffice, if a direction is issued to the first respondents to consider the representation of the petitioner dated 22.09.2023.
5. Learned Government Advocate appearing for first respondent submitted that the first respondents may be directed to consider the petitioner's representation and pass orders on merits in accordance with law.
6. 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, the first respondent is directed to consider the representation of the petitioner dated 22.09.2023, and pass appropriate orders, on merits and in accordance with law, after giving notice to the interested parties/rival Pg.Nos.3/5
claimants/adjacent owners, and after conducting enquiry, within a period of two months from the date of receipt of a copy of this order.
6. With the above directions, this Writ Petition is disposed of. However, there shall be no order as to costs. 13.12.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms To 1.The Thasildar, Taluk Office, Uthangarai, Krishnagiri District.
2.The Inspector of Police, Uthangarai Police Station, Krishnagiri District.
Pg.Nos.4/5
P.VELMURUGAN, J.
ms 13.12.2023 Pg.Nos.5/5