M.Balakrishnan, v. The Commissioner(Land Survey)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.9498 of 2018 and W.M.P.(MD) No.8750 of 2018 N.Balakrishnan ... Petitioner vs.

1. The Commissioner (Land Survey) O/o.The Central Land Survey Department Chepauk, Chennai-600 005

2. The Assistant Director (Land Survey) O/o.the Central Land Survey Department Chepauk, Chennai-600 005

3. The Assistant Commissioner (Land Survey) O/o.The Archives and Historical Research No.51, Gandhi Irvin Road, Egmore Chennai-600 008

4. The Joint Director (Land Survey) O/o.The Central Land Survey Department Chepauk, Chennai-600 005

5. The Assistant Director (Land Survey) / Personal Assistant to District Collector O/o.The District Land Survey Sivagangai District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the fifth respondent in his proceedings in Na.Ka.A1/6488/2017, dated 01.02.2018 and quash the same as illegal, arbitray and in violation of principles of natural justice and consequently directing the respondents to issue old FMB Sketches to the petitioner's ancestral property situated at SF.No.1/16 (Village 1/16, Mahaani), Kayangulam Group 84, Kuttithinni Village, Thambanusilangulam Sub Division, Sivagangai District based on the representation of the petitioner dated 13.04.2018 within a stipulated time.

For Petitioner :

Mr.S.Mohamed Kadhar For Respondents :

Mr.N.Shanmugaselvam Additional Government Pleader

O R D E R

Mr.N.Shanmugaselvam, learned Additional Government Pleader, takes notice for the respondents.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. When the petitioner had requested for issuance of F.M.B.Sketch and also filed a writ petition and contempt petition in this regard, by an order dated 01.02.2018, the required documents were furnished to the petitioner. However, the grievance of the petitioner is that the documents that were furnished to him are irrelevant and not connected with the requisition made by him. In this connection, he had made another representation, dated 13.04.2018 to the respondents.

4. Today (i.e.26.04.2018), when the matter was taken up for hearing, the learned counsel for the petitioner submitted that the petitioner would be satisfied if his representation, dated 13.04.2018, is directed to be disposed of by the fourth respondent at the earliest.

5. In view of the submission made by the learned counsel for the petitioner, there will be a direction to the fourth respondent to consider the petitioner's representation, dated 13.04.2018, on its own merits and take further action in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after giving due opportunity to the petitioner as well as to the persons, who may be interested in the subject matter.

6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To:

1. The Commissioner (Land Survey), O/o.The Central Land Survey Department, Chepauk, Chennai-600 005.

2. The Assistant Director (Land Survey), O/o.the Central Land Survey Department, Chepauk, Chennai-600 005.

3. The Assistant Commissioner (Land Survey), O/o.The Archives and Historical Research, No.51, Gandhi Irvin Road, Egmore, Chennai-600 008.

4. The Joint Director (Land Survey), O/o.The Central Land Survey Department, Chepauk, Chennai-600 005.

5. The Assistant Director (Land Survey) / Personal Assistant to District Collector, O/o.The District Land Survey, Sivagangai District.

+1cc to Mr.S.Mohamed Kadhar, Advocate Sr.No.63539 KRK VB/RSK/SAR4/08/05/2018/3P/7C W.P.(MD) No.9498 of 2018 and W.M.P.(MD) No.8750 of 2018 26.04.2018