C.Nachiyar v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2022

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU 1.C.Nachiyar 2.C.Arul Vadivel @ Sekar 3.C.Karthikeyan 4.Sasikala Ponnu 5.Shri.Gothai (Represented through their Power Agent) 1.A.Asokar 2.R.Nagarajan ... Petitioners Vs.

1.The District Collector, 2.The Tahsildar, 1/5

3.The Tahsildar, Land and Survey Department, 4.E.Natasen 5.A.Kabeyreyal 6.A.Kulathairaj 7.P.Muthukumaravel ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent to consider the petitioners representation dated 26.06.2013 given to the respondents for surveying and earmarking their Patta Lands in (1) T.S No. 44/1 Patta No. FH-1514-0.06.97 Ares (2) T.S.No.44/2 patta No.FH-1515-0.06.77 Ares (3) T.S No. 44/3 Patta No. FH-845 0.02.75 Ares (4) T.S No.44/4 Patta No. FH-1516 - 0.09.48 Ares and (5) T.S No.44/5 Patta No. FH-1517 0.05.03 Ares.

For Petitioner : Mr.D.Selvanayagam For R1 - R3 : M/s.Farjana Ghoushia Special Government Pleader For R4 : No Appearance 2/5

ORDER

The present writ petition has been filed for a mandamus to direct the 2nd respondent to consider the representation of the petitioners, dated 26.06.2013 for surveying and earmarking the boundaries of the various lands belonging to the writ petitioners.

2. M/s.Farjana Ghoushia, learned Special Government Pleader, on instructions submits that there are civil dispute between the petitioners and the private respondents in this writ petition.

3. The learned counsel for the petitioner would submit that the civil dispute between the parties in O.S.No.180 of 2011 had ended by a judgment and decree, dated 27.07.2015 made by the District Munsif Court, Kodaikanal and there are no further appeal filed against the same.

4. The petitioners are directed to give fresh representation to the 2nd respondent within a period of two (2) weeks from the date of receipt of a copy of this order. The 2nd respondent shall consider the representation of the petitioners within a period of four (4) weeks from 3/5

the date of receipt of such representation and if decides to proceed any further, shall issue notice to all the parties and pass appropriate orders on merits and in accordance with law within a period of twelve (12) weeks thereafter.

5. With the above said observations, this Writ Petition stands disposed of. No costs.

05.12.2022 Index :

Yes / No Internet :

Yes / No gbg To 1.The District Collector, 2.The Tahsildar, 3.The Tahsildar, Land and Survey Department, 4/5

K.KUMARESH BABU ,J.

gbg Order made in Dated:

05.12.2022 5/5