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Madras High CourtWP(MD)/1476/2022disposed of

Dinesh.J.A v. The District Collector

2022-01-28Honourable Mr Justice C.V. Karthikeyan2 pages

W.P.(MD) No.1476 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD) No.1476 of 2022 J.A.Dinesh ... Petitioner vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Kodaikanal, Dindigul District.

3.The Tahsildar, Kodaikanal Taluk, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent to survey the petitioner's land in S.Nos.1414/2A and 1414/2B, Mannavanur Village, Kodaikanal Taluk, Dindigul District to an extent of 47 cents on the basis of his representation, dated 16.09.2021.

For Petitioner : Mr.C.Mayilvahana Rajendran For Respondents : Mr.S.Shanmugavel Additional Government Pleader

ORDER

The present writ petition has been filed in the nature of Writ of Mandamus, seeking a direction against the third respondent/Tahsildar, Kodaikanal Taluk in Dindigul District to conduct survey of the land of the petitioner in S.Nos.1414/2A and 1414/2B, Mannavanur Village, Kodaikanal Taluk, Dindigul District, measuring 47 cents. The petitioner had given a representation on 16.09.2021 and had also paid necessary charges on 13.09.2021. 2.It is the claim of the petitioner that the aforementioned lands had been purchased by a sale deed, dated 26.08.2009 registered as Document No.1837 of 2009 and by another sale deed, dated 14.10.2009 registered as Document No.2232 of 2009 before the Sub Registrar at Kodaikanal. The petitioner also claims that necessary mutation has been carried out in the revenue records, more particularly, in the Adangal. He had also received patta in Patta No.2260. Now an application has been filed seeking to measure the property.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.1476 of 2022 3.A direction is issued to the third respondent to, issue notice to the petitioner and examine the documents of the petitioner and examine whether there are any rival claimants and if it is otherwise in order proceed to do the needful to measure and survey the lands. The entire exercise must be completed within a period of twelve weeks from the date of receipt of a copy of this order. 4.It is also informed by Mr.S.Shanmugavel, learned Additional Government Pleader for the respondents that though notice was earlier issued, the petitioner was not available. The petitioner should make himself available and be present during any enquiry to be conducted by the third respondent.

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

Sd/- Assistant Registrar (AD I) // True Copy // / /2022 Sub Assistant Registrar(CS) sji Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Kodaikanal,Dindigul District.

3.The Tahsildar, Kodaikanal Taluk, Dindigul District.

+1 CC to M/s.SPL.GP ( SR-3136[F] dated 31/01/2022 ) W.P.(MD) No.1476 of 2022 28.01.2022 MGJ(11.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2