Ramesh v. The Distirct Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Ramesh ... Petitioner Vs.

1.The District Collector, Karur District, Karur.

2.The District Revenue Officer, Karur District, Karur.

3.The Revenue Divisional Officer, Kulithalai, Karur District.

4.The District Land Survey Inspector, Land Survey Records Department, Collector's Office, Karur District, Karur.

5.Thangarasu (Poosari) ... Respondents (R5 is impleaded vide Court order, dated 09.06.2016 in M.P(MD)No.1 of 2013 in W.P(MD)No.19658 of 2013) 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to conduct an enquiry on the petitioner's petition, dated 17.10.2013, relating to Survey No.38/1 of Manathattai Village, Kulithalai Taluk, Karur District to an extent of 2400 sq.ft. For Petitioner : Mr.S.Vashik Ali for M/s.RM.Sivakumar For R-1 to R-4 : Mr.P.Thambidurai Government Advocate For R-5 : Mr.G.Sridharan

ORDER

The present writ petition has been filed seeking a writ of Mandamus, directing the second respondent herein to conduct an enquiry relating to the alterations made in the Town Survey Register with regard to T.S.Nos.53, 54 and 55, Block 7, Ward 'A' of Kulithalai Municipality.

2. A perusal of the typed set of papers indicate that the petitioner has given representation only to the respondents herein. However, the power to alter or effect amendments in the Town Survey Register is vested with the Municipality.

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3. The learned Counsel for the private respondent, namely, the fifth respondent submits that he had passed away.

4. In view of the above said facts, this Court passes the following order:

"(i) The petitioner is directed to issue a fresh application to Kulithalai Municipality to consider his request for making amendments in Town Survey Register. (ii) The Municipal Commissioner is directed to issue notice and dispose of the same within a period of twelve (12) weeks after giving due opportunity to the petitioner and the legal heirs of Thangarasu".

5. With the above said observations, the writ petition stands disposed of. There shall be no order as to costs. 04.08.2022 Index :

Yes / No Internet :

Yes / No btr 3/5

To 1.The District Collector, Karur District, Karur.

2.The District Revenue Officer, Karur District, Karur.

3.The Revenue Divisional Officer, Kulithalai, Karur District.

4.The District Land Survey Inspector, Land Survey Records Department, Collector's Office, Karur District, Karur.

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R.

VIJAYAKUMAR , J.

btr Order made in 04.08.2022 5/5