Kajamohaideen, v. The Commissioner Of Land

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 10.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.25258 of 2018 Kajamohaideen ... Petitioner Vs 1.The Commissioner of Land Survey, Ezhilagam, Chepauk, Chennai-600 005.

2.The Commissioner of Survey Settlements and Land Records, Chepauk, Chennai 600 005.

3.The District Collector, Kanyakumari District, Nagercoil.

4.The Revenue Divisional Officer, 5.The District Surveyor, Nagercoil, 6.The Tahsildar, Kanyakumari Dsitrict.

7.Sethuraman, Head Surveyor, Kalkulam Taluk, Present at Tuckalay, 8.Vaikundarajan Thiruvattar Pikka Surveyor, Thiruvattar, Kanyakumari District.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the first respondent to take appropriate action against the respondents 7 and 8 who unlawfully entered into the petitioner's house and surveyed and laid down survey stones in the property in S.No.624/21 without giving notice to petitioner, on the basis of the petitioner's representation dated 20.10.2018.

For Petitioner : Mr.M.Sankar For Respondents : Mr.K.Mu.Muthu Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2. The petitioner is aggrieved over the fact that notwithstanding his objections, the respondents 7 and 8 carried out the work of survey. Therefore, he gave a representation dated 20.10.2018 in this regard.

3. The fourth respondent is directed to consider the said representation on merits and in accordance with law and pass final order within a period of eight weeks from the date of receipt of a copy of this order.

4.It is made clear that it is open to the fourth respondent to pass orders one way or other. This Court has not pronounced anything on the merits of the matter.

5.The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar(CS ) To 1.The Commissioner of Land Survey, Ezhilagam, Chepauk, Chennai-600 005.

2.The Commissioner of Survey Settlements and Land Records, Chepauk, Chennai 600 005.

3.The District Collector, Kanyakumari District, Nagercoil.

4.The Revenue Divisional Officer,

5.The District Surveyor, Nagercoil, 6.The Tahsildar, Kanyakumari Dsitrict.

7.Sethuraman, Head Surveyor, Kalkulam Taluk, Present at Tuckalay, 8.Vaikundarajan Thiruvattar Pikka Surveyor, Thiruvattar, Kanyakumari District.

+1 CC to M/s.SPL GP ( SR-60393[F] dated 11/04/2019 ) DS : 29/05/2019 : 3P/10C W.P.(MD)No.25258 of 2018