Madras High CourtWP/34165/2023disposed of

G.Gokul v. The District Collector

2024-02-26Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN C.Gokul ... Petitioner Vs.

1 The District Collector, Chengalpet District.

2 The Tahsildar, Cheyyur Taluk, Chengalpet District.

3 The Taluk Surveyor, Cheyyur Ttaluk, Chengalpet District.

4 The Village Administrative Officer, Koovathur Cillage, Cheyyur Taluk, Chengalpet District.

5 The Superintendent of Police, Chengalpet District.

6 The Inspector of Police, Koovathur Cillage, Cheyyur Taluk, Chengalpet District.

[R5 and R6 are dismissed as per

order dated 12.12.2023 in W.P.34165/2023 ] ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents 1 to 4 to survey the petitioners land in Grama Natham Surey No 764 / 19, Old Survey No. 95/3 situated at No. 103, Koovathur Village, Koovathur Panchayat, Elathur Panchayat Union, Cheyyur Taluk, Chengalpet District with the aid of police protection from Respondents 5 and 6. For Petitioner : Mr.C.S.Kiran For R1 to R4 : Mr.T.Arun kumar Additional Government Pleader For R5 & R6 : Dismissed vide order dated 12.12.2023.

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents 1 to 4 to survey the petitioner's land in Grama Natham Survey No. 764 / 19, Old Survey No. 95/3 situated at No. 103, Koovathur Village, Koovathur Panchayat, Elathur Panchayat Union,

Cheyyur Taluk, Chengalpet District with the aid of police protection from the respondents 5 and 6.

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. Learned Government Pleader appearing for the respondents fairly conceded that the respondents will consider the petitioner's representation with regard to survey the petitioner's land.

4. 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 second respondent to consider the petitioner's representation, if the petitioner is otherwise eligible and after issuing notice to the petitioner, adjacent land owners of the four boundaries of the subject property/interested parties/rival

claimants/objectors if any, as the case may be, and conduct enquiry, if already not conducted and survey the petitioner's land in the manner known to law and pass orders on merits and in accordance with law. The abovesaid exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

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

26.02.2024 mfa Index:Yes/No Speaking Order: Yes/No

To 1 The District Collector, Chengalpet District.

2 The Tahsildar, Cheyyur Taluk, Chengalpet District.

3 The Taluk Surveyor, Cheyyur Ttaluk, Chengalpet District.

4 The Village Administrative Officer, Koovathur Cillage, Cheyyur Taluk, Chengalpet District.

5 The Superintendent of Police, Chengalpet District.

6 The Inspector of Police, Koovathur Cillage, Cheyyur Taluk, Chengalpet District.

P.VELMURUGAN, J.

mfa 26.02.2024