Vijaya.T v. The Dist Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH T.Vijaya ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Theni.

2.The District Revenue Officer, Office of the District Collectorate, Theni.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Uthamaplayam, Theni District.

4.The Tahsildar, Uthampalayam Taluk Office, Uthamapalayam, Theni District.

5.A.Ponram

...Respondents

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the fourth respondent herein to conduct the survey, measurements and sub division in respect of the 1/4

property comprised in S.No.1239 situated at Keela Gudulur West Village, Uthamapalayam Taluk, Theni based on the petitioner representation dated 26.01.2021 more fully by following the proceedings issued by the third respondent /Revenue Divisional Officer, Uthamapalayam vide Na.Ka.No.Mu.Mu.A4/5895/2017 dated 06.06.2018 within the time stipulated by this Court.

For Petitioner : Mr.M.Sivakumar For R1 to R4 : Mr.A.K.Manikkam Special Government Pleader For R5 & R6 : Mr.K.Safar Badhusha O RDER This writ petition has been filed for the issue of writ of mandamus directing the fourth respondent to conduct survey in the subject property based on the representation made by the petitioner on 26.01.2021 and by taking note of the proceedings of the third respondent dated 06.06.2018 and to complete the same within the time frame fixed by this Court. 2.When the matter was taken up for hearing, the learned Special Government Pleader appearing on behalf of the respondents 1 to 4 submitted that the fifth respondent had also filed W.P.(MD)Nos.10021 of 2021 and 23953 of 2023 seeking the same relief of conducting survey of the subject property 2/4

and that writ petitions were disposed of by directing the respondent to take decision. The present writ petition has also been taken into consideration and now the enquiry is pending before the fourth respondent and the parties have been issued summons to appear on 30.10.2023. He further submitted that the fourth respondent will take a decision with regard to conducting survey of the subject property after considering the claim made by the petitioner and the private respondent.

3.In view of the above submission, there shall be a direction to the fourth respondent to proceed further with the enquiry and take a decision within a period of six weeks from the date of receipt of a copy of this order. 4.This writ petition is disposed of with the above directions. No costs.

12.10.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No ta 3/4

N.ANAND VENKATESH, J.

ta To Office of the District Collector, Theni.

2.The District Revenue Officer, Office of the District Collectorate, Theni.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Uthamaplayam, Theni District.

4.The Tahsildar, Uthampalayam Taluk Office, Uthamapalayam, Theni District.

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