Madras High CourtWP(MD)/17202/2017disposed of

V.R.Venkatramani, v. The District Collector

2017-09-13Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.17202 of 2017 V.R.Venkatramani ... Petitioner Vs.

1. The District Collector, Theni District, Theni.

2. The Revenue Divisional Officer, Uthamapalayam Division, Uthamapalayam.

3. The Thasildar, Bodinayakanur Taluk Theni District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus directing the third respondent to survey the Survey No.699, Kottakudi Village, Bodinayakanur, based on the Order vide No.O.Mu.Ni.Aa.20/18198/1995/ dated 25.10.1996 issued by the Assistant Director of Survey, Madurai District, pursuant to the representation to the 3rd respondent dated 23.05.2017. For Petitioner : Mr.P.Muthu Vijayapandian For Respondents : Mr.C.Selvaraj Spl. Govt. Pleader

O R D E R

This writ petition is filed for a direction to the third respondent to survey the Survey No.699, Kottakudi Village, Bodinayakanur, based on the Order vide No.O.Mu.Ni.Aa.20/18198/1995/ dated 25.10.1996 issued by the Assistant Director of Survey, Madurai District, pursuant to the representation to the 3rd respondent dated 23.05.2017. 2.Mr.C.Selvaraj, learned Special Government Pleader takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3.The petitioner would state that he is the owner of the coffee estate in S.No.699 at Kottakudi Village, Bodinayakanur. While conducting UDR Scheme, the third respondent has sub-divided the land into 699/1, 2 and 3 and allotted 84 cents in S.No.699/2 https://hcservices.ecourts.gov.in/hcservices/

to a third party. The mistake was rectified by the Assistant Director, Survey, Madurai. Thereafter, the petitioner approached the second respondent to survey his property. Despite the direction issued by the second respondent to the third respondent to survey the property, there is no progress. Hence, the petitioner sent a representation on 23.05.2017. Even thereafter, there is no action. Hence, the petitioner has filed the present writ petition seeking relief as stated supra. 4.Considering the facts and circumstances of the case, this Court, without going into the merits of the matter, directs the third respondent to consider the representation of the petitioner dated 23.05.2017 and pass appropriate orders on merits and in accordance with law, after providing opportunity to all necessary parties, within a period of eight weeks from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To

1. The District Collector, Theni District, Theni.

2. The Revenue Divisional Officer, Uthamapalayam Division, Uthamapalayam.

3. The Thasildar, Bodinayakanur Taluk, Theni District.

+ 1 CC TO MR.P.Muthu Vijayapandian, ADVOCATE IN SR No. 78429 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No.78832 skn MK/SKN RSK/SAR-2/26.09.2017/2P/6C W.P.(MD)No.17202 of 2017 13.09.2017 https://hcservices.ecourts.gov.in/hcservices/