Immanuvel Muthiah v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA and W.M.P.(MD)No.9026 of 2024 Immanuvel Muthaiah

...Petitioner

/Vs./

1. The Thasildar Tenkasi Taluk,

2. The Taluk Surveyor, Land Survey and Records, Tenkasi Taluk,

3. The Municipal Commissioner, Tenkasi Municipality, Tenkasi,

4. The Town Surveyor, Tenkasi Municipality, Tenkasi, 1/6

5.The Revenue Divisional Officer, Tenkasi Division, 6.Sakul Hameed Rawther 7.Fatima Pakkir Mohideen 8.Kakkim Seit ... Respondents (R5 to R8 are impleaded vide order of this Court dated 22.11.2024 in WMP(MD)No.15067 of 2024.) P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records of the impugned proceedings in Na.Ka.No. 1/4419/2023 dated 08.12.2023 of the 1st respondent and quash the same and consequently direct the respondents to conduct the survey the land in Survey No. 1321/4 and Survey No.1322/4 an extent of 1.01 Acre.

For Petitioner : Mr.M.Selvam For Respondents : Mr.M.Muthumanikkam (R1 to R5) Government Advocate 2/6

ORDER

This Writ Petition is filed challenging the order dated 08.12.2023 passed by the first respondent rejecting the petitioner's request for survey and demarcation of the boundaries of his land in Survey No. 1321/4 and S.No.1322/4 measuring to an extent of 1.01 Acre, and S.No.1322, measuring to an extent of 12 1⁄2 cents, in Block No.37, Tenkasi Part 2, Ward B, Tenkasi Town, Tenkasi District.

2. Considering the nature of the order going to be passed in this writ petition, notice to the private respondents is dispensed with.

3. Heard the learned counsel on either side.

4. When the matter is taken up for hearing, the learned counsel appearing for the petitioner submitted that he has filed an appeal against the impugned order to the fifth respondent on 22.01.2024 in File No. 1718906 and the same is pending. The learned counsel further submitted that it would suffice if a direction is issued to the fifth respondent, to 3/6

dispose of the petitioner's appeal within a time frame to be fixed by this Court.

5. In view of the limited relief sought for by the learned counsel appearing for the petitioner, a direction is issued to the fifth respondent to dispose of the petitioner's appeal in File No.1718906 dated 22.01.2024, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 22.11.2024 Index : Yes / No (2/2) NCC : Yes / No Sm 4/6

TO:

1. The Thasildar Tenkasi Taluk,

2. The Taluk Surveyor, Land Survey and Records, Tenkasi Taluk,

3. The Municipal Commissioner, Tenkasi Municipality, Tenkasi,

4. The Town Surveyor, Tenkasi Municipality, Tenkasi, 5.The Revenue Divisional Officer, Tenkasi Division, 5/6

N.MALA, J.

Sm Order made in (2/2) Dated:

22.11.2024 6/6