Palayampatti Nadargal Uravinmurai v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.06.2023
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P(MD)No.11237 of 2023 Palayampatti Nadrgal Uravinmurai represented by its President M.V.Murugesan having office at Door No.115, East Masi Street, Madurai- 625 001.
... Petitioner Vs.
1.The District Collector, Collectorate-Virudhunagar, Virudhunagar District.
2.The Tahsildar, Aruppukottai Taluk, Virudhunagar District.
3.The Taluk Surveyor, Office of the Tahsildr, Aruppukottai Taluk, Virudhunagar District.
4.Ravishankar ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 2 and 1/4
3 to conduct an enquiry regarding the survey and demarcation of the 13 cents of lands comprised in Survey No.33, Palayampatti Village Aruppukottai Taluk, Virudhunagar District, belong to the petitioner society, by considering the representation of the petitioner society, by considering the representation of the petitioner society dated 22.05.2023, within a time frame as may be fixed by this Court by allowing the writ petition.
For Petitioner :
Mr.G.Aravinthan For Respondents :
Mr.N.Muthuvijayan Special Government Pleader
ORDER
The fourth respondent herein had earlier filed W.P.(MD)No.2809 of 2023, (Ravi Shankar Vs The Revenue Tahsildar and Taluk Survey, Aruppukottai, Virudhunagar District), seeking survey of land at Survey No. 33/613 at Palayampatti Village, Aruppukottai Taluk, Virudhunagar District.
2. By an order dated 01.03.2023, a learned Single Judge of this Court had directed such survey to be conducted but after issuing notice to all interested persons. The present writ petition has been filed by the writ petitioner, wherein the aforementioned Ravishankar had been impleaded as a fourth respondent, claiming that the writ petitioner, had direct interest over the said lands and without issuing notice to the petitioner, the second and third respondents were attempting to survey the lands.
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3. The learned Special Government Pleader, however, on instruction from the officials who are present in Court stated that notice has also been served on the petitioner herein.
4. Let me not enter into a debate on that fact but direct the Tahsildar to issue notice to the petitioner. The petitioner also is directed to go over to the office of the second respondent and receive the date on which the survey would be conducted on the basis of the order in the earlier writ petition and raise objections and thereafter, the Tahsildar may pass appropriate orders and take necessary decision in the manner known to law and in accordance with the directions already issued in W.P.(MD)No.2809 of 2023. Since reliance is placed on that particular order, this writ petition is disposed of even without issuing notice to the fourth respondent. No costs. Consequently, connected miscellaneous petition is closed.
08.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No pnn 3/4
C.V.KARTHIKEYAN, J.
pnn To 1.The District Collector, Collectorate-Virudhunagar, Virudhunagar District. 2.The Tahsildar, Aruppukottai Taluk, Virudhunagar District. 3.The Taluk Surveyor, Office of the Tahsildhar, Aruppukottai Taluk, Virudhunagar District.
W.P(MD)No.13224 of 2023 and W.M.P(MD)No.11237 of 2023 08.06.2023 4/4