Krishnan v. The Principal Secretary / Commissioner Of Survet
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY Krishnan ... Petitioner Vs.
1. The Principal Secretary / Commissioner of Survey and Settlement, Chepauk, Chennai - 600 005.
2. The District Collector, Sivagangai, Sivagangai District.
3. The District Revenue Officer, Sivagangai, Sivagangai District. ...Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating with the impugned memo dated 04.04.2025 in Oo.Mu.C5/8202/2005 issued by the 3rd respondent and to quash the same as illegal and consequently, to direct the respondents to return the original documents marked as Exhibit B1 to B6 in the proceedings in S.R.No.1192/CI/Thirup/66 on the file of Assistant Land Project Settlement Officer, Madurai, to the petitioner based on his application, dated 26.02.2025, within stipulated time as prescribed by this Court. For Petitioner : Mr.S.Saravana Kumar For Respondents : Mr.M.Lingadurai Special Government Pleader ***** 1/4
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned memo dated 04.04.2025 issued by the 3rd respondent and consequently, to direct the respondents to return the original documents marked as Exhibit B1 to B6 in the proceedings in S.R.No. 1192/CI/Thirup/66 on the file of Assistant land Project Settlement Officer Madurai to the petitioner based on his application dated 26.02.2025 within stipulated time as prescribed by this Court.
2.In the impugned order, the respondents have stated that such exhibits cannot be returned. Further, if it is available in the record room, adequate steps will be taken and the same will be intimated to the petitioner. 3.Through an interim order, this Court directed the respondents to search the same and to file a report. The respondents through the communication, data 30.06.2025 has stated that they had taken the honesty effort to search in the record room on 20.06.2025 and from 23.06.2025 to 26.06.2025. However, they could not trace the said records. Further, in the said instructions, it is stated that if a copy is available with the petitioner, the same would be reconstituted. 4.Therefore, this court is the considered opinion that the petitioner 2/4
may not be entitled to the original documents, since it is not available in the record room. However, the petitioner is entitled to reconstitute the documents, if a copy is available with him. If the petitioner is in possession of copies, the same may be submitted to the respondents. After verification, the respondents shall reconstitute the documents and issue certified copies to the petitioner. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.
5.With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.
01.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To:
1. The Principal Secretary / Commissioner of Survey and Settlement, Chepauk, Chennai - 600 005.
2. The District Collector, Sivagangai, Sivagangai District.
3. The District Revenue Officer, Sivagangai, Sivagangai District.
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S.SRIMATHY , J.
Tmg ORDER MADE IN DATED : 01.07.2025 4/4