Madras High CourtWP(MD)/7846/2015disposed of

P.Periyasamy, v. The Commissioner Of Revenue

2015-05-06Honourable Mrs Justice Pushpa Sathyanarayana3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.05.2015

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.7846 of 2015 and M.P(MD)No.1 of 2015 P.Periyasamy ... Petitioner Vs.

1.The Commissioner of Revenue Administration, Chennai.

2.The Commissioner of Land Administration, Chennai - 5.

3.The Director of Survey and Settlement, Chennai - 5.

4.The District Collector, Trichy District, Trichy.

5.The Revenue Divisional Officer, Musiri Taluk, 6.The Tahsildar, Musiri Taluk, 7.The Surveyor, Office of Thuraiyur Taluk, ... Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondents to conduct fair survey in respect of the entire land comprised in Survey Nos.73 and 75/2 in Patchaperumalpattai Village, North Thuriyur Taluk, Trichy District and pass such further or other orders.

For Petitioner : Mr.T.Antony Arulraj For Respondents : Mr.Aayiram K.Selvakumar Government Advocate

ORDER

This Writ Petition has been filed for a Writ of Mandamus to direct the respondents to conduct fair survey in respect of the entire land comprised in Survey Nos.73 and 75/2 in Patchaperumalpattai Village, North Thuriyur Taluk, Trichy District.

2. Mr.Aayiram K.Selvakumar, learned Government Advocate, takes notice for the respondents. By consent, the Writ Petition itself is taken up for final disposal at the admission stage itself.

3. The grievance of the petitioner is that the respondents had conducted the survey only with respect to his property alone and they have not done the survey of the entire survey number. According to the petitioner, unless the survey is conducted as a whole, it will be difficult to identify his portion of the property, wherein he has cultivated coconut trees, teak trees and mango trees. Hence, he has submitted a representation on 28.04.2015 seeking a fair survey. However, the sixth and seventh respondents have conducted survey and erected stones on 29.04.2015. In view of the said act, the apprehension of the petitioner is that, he may be dispossessed at any time. Hence, the petitioner has come up with this Writ Petition for re-surveying the entire lands comprised in Survey Nos.73 and 75/2 in Patchaperumalpattai Village, North Thuriyur Taluk, Trichy District.

4. The learned Government Advocate has no objection for conducting survey of the entire lands comprised in Survey Nos.73 and 75/2 in Patchaperumalpattai Village, North Thuriyur Taluk,

5. Accordingly, the Writ Petition is disposed of with a direction to the sixth and seventh respondents to conduct survey of the entire lands comprised in Survey Nos.73 and 75/2 in Patchaperumalpattai Village, North Thuriyur Taluk, Trichy District within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar ps To 1.The Commissioner of Revenue Administration, Chennai.

2.The Commissioner of Land Administration, Chennai - 5.

3.The Director of Survey and Settlement, Chennai - 5.

4.The District Collector, Trichy District, Trichy.

5.The Revenue Divisional Officer, Musiri Taluk, 6.The Tahsildar, Musiri Taluk, 7.The Surveyor, Office of Thuraiyur Taluk, +1cc to Special Government Pleader Sr NO. 25074 +1cc to MR.T.ANONY ARULRAJ, ADVOCATE IN SR NO.25049 W.P(MD)No.7846 of 2015 06.05.2015 rg.08.05.2015 3p.10c.