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Madras High CourtWP(MD)/14139/2018disposed of

Rathinam Ammal, v. The Director Of Survey

2018-07-03Honourable Mr Justice M. Govindaraj2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2018

CORAM

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD) No.14139 of 2018 and W.M.P.(MD)Nos.12822 and 12823 of 2018 Rathinam Ammal ... Petitioner /Vs./

1. The Director of Survey and Settlement, Survey Illam, 3rd Floor, Chepauk, Chennai - 600 005.

2. The Assistant Settlement Officer (North), P.A. To the Director of Survey and Settlement, The Director of Survey and Settlement Office, Survey Illam, 3rd Floor, Chepauk, Chennai - 600 005.

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

4.Sivakumar 5.Packiam @ Packiathammal ... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the records of the Na.Ka.U(2)/6382/2018 dated 14.06.2018 on the file of the second respondent and quash the same.

For Petitioner : Mr.R.Murugappan For R-1 to R-3 : Mr.V.Anand Government Advocate

O R D E R

The petitioner claims patta in respect of the property, in which, she is in possession. There are rival claims against the same. In fact, the petitioner filed a civil suit for permanent https://hcservices.ecourts.gov.in/hcservices/

injunction restraining the private respondents from interfering with the possession. She also filed a petition for transfer of patta before the Revenue Divisional Officer, that is also pending for consideration. While so, the contesting respondents filed a petition before the Director of land Survey, in which the first respondent initiated enquiry proceedings and sent notice to the petitioner.

2. The learned counsel appearing for the petitioner would submit that the petitioner has also submitted a reply before the first respondent and the enquiry was posted on 28.06.2018, which is under challenge now.

3. Considering the facts and circumstances of the case, a direction is issued to the petitioner to appear before the first respondent and the first respondent is directed to conduct an enquiry, after affording opportunity to the petitioner as well as the contesting respondents 4 and 5 and complete the enquiry, within a period of six months from the date of receipt of a copy of this order.

4. This Writ Petition is ordered with the above directions. No costs. Consequently, the connected Miscellaneous Petitions are closed.

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

1. The Director of Survey and Settlement, Survey Illam, 3rd Floor, Chepauk, Chennai - 600 005.

2. The Assistant Settlement Officer (North), P.A. To the Director of Survey and Settlement, The Director of Survey and Settlement Office, Survey Illam, 3rd Floor, Chepauk, Chennai - 600 005.

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

+ 1 cc TO Mr.R.Murugappan , Advocate in SR No. 71201 sm AE/SKN RSK/SAR1/20.07.2018/2P/5C W.P.(MD)No.14139 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 03.07.2018