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Madras High CourtWP(MD)/6603/2019disposed of

N.Narayanasamy, v. The Assistant Settlement

2020-08-26Honourable Mr Justice D. Krishnakumar2 pages

W.P.(MD)No.6603 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.08.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.6603 of 2019 N.Narayanasamy

...Petitioner

Vs 1.The Assitant Settlement Officer (South) / Additional Personal Assistant Officer, Office of the Director of Survey cum Settlement, Chepauk, Chennai.

2.The Assistant Director, Land Survey Register Department, Virudhunagar.

3.The Head Surveyor, Sattur Taluk, Virudhunagar District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 2nd respondent to consider the petitioner's representation dated 29.11.2018 in pursuance to the communication made by the 1st respondent in Na.Ka.A2/14475/2018 dated 12.12.2018, in accordance with law, within the time stipulated by this Court.

For Petitioner : Mr.P.R.Prithiviraj for Mr.D.Sadiq Raja For Respondents : Mr.M.Pandiarajan Additional Government Pleader

ORDER

This Writ Petition is filed to direct the 2nd respondent to consider the petitioner's representation dated 29.11.2018, in pursuance to the communication of the 1st respondent in Na.Ka.A2/14475/2018 dated 12.12.2018.

2.According to the petitioner, he made a representation dated 29.11.2018, to the 1st respondent seeking to demarcate the petition mentioned property and though the 1st respondent, by proceedings dated 12.12.2018, had forwarded the said representation to the 2nd respondent to pass appropriate orders, so far, no action has been taken. Hence, left with no other alternative, the petitioner is before this Court for the relief stated supra. 3.It is seen from the records that though opportunities have been given to the respondents, no counter affidavit is filed on https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.6603 of 2019 behalf of the respondents.

4.Having regard to the limited scope of the prayer made by the petitioner and on perusal of the petitioner's representation, this Court, without expressing any opinion on the merits of the case, directs the 2nd respondent to consider the representation of the petitioner, dated 29.11.2018, on merits and in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner as well as any other interested parties, if necessary.

5.This Writ Petition is disposed of, with the above direction. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2020 Sub Assistant Registrar(CS) mm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Assitant Settlement Officer (South) / Additional Personal Assistant Officer, Office of the Director of Survey cum Settlement, Chepauk, Chennai.

2.The Assistant Director, Land Survey Register Department, Virudhunagar.

3.The Head Surveyor, Sattur Taluk, Virudhunagar District.

+1 CC to M/s.GP ( SR-15246[F] dated 28/08/2020 ) W.P.(MD) No.6603 of 2019 26.08.2020 KK(07.09.2020) 2 P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2