Madras High CourtWP(MD)/15904/2024disposed of

Senguttuvan v. The District Collector

2024-07-18Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.13830, 13831 & 13833 of 2024 Senguttuvan ... Petitioner Vs.

1.The District Collector, 2.The District Revenue Officer, 3.The Revenue Divisional Officer, 4.The Tahsildar, Alangudi Taluk, Pudukottai District.

5.The Firka / Taluk Surveyor, Alangudi Taluk, 6.Selvam 7.Umarani 8.The Assistant Director of Survey and Land Records, Pudukkottai.

(R8 is suo motu impleaded by this Court vide order dated 18.07.2024) ... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to call for the records relate to the Survey Report and Sketch dated 22.11.2023 made by the 5th respondent relates to the land in S.No.279/5C2B and quash the same as it is illegal and in consequence to direct the 4th and 5th respondents to make fresh subdivision and survey in S.No.279/5C2 measuring 0.09.0 Ares in Vadakadu Village, Alangudi Taluk, Pudukottai District, as according to the sale deeds of the petitioner and the respondents no.6 and 7 chronologically. For Petitioner : Mr.R.Suriya Narayanan For Respondents : Mr.K.Balasubramani Special Government Pleader for R1 to R5 & R8

ORDER

Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader for R1 to R5 & R8. Issuance of notice to R6 & R7 is dispensed with.

2. The petitioner is aggrieved by the impugned sub-division of the petition mentioned property. I refrain from going into the merits of the matter. The learned Special Government Pleader points out that the petitioner can file an appeal before the Assistant Director of Survey and Land Records, Pudukkottai. The petitioner's counsel states that he will file such an appeal 2/4

within two weeks from the date of receipt of a copy of this order. If the petitioner files an appeal within two weeks, it shall be taken on file without reference to limitation and given disposal on merits and in accordance with law within a period of three months thereafter. The sub-division impugned in this writ petition will stand stayed and put on hold for a period of 3 1⁄2 months from today. The rights of the parties will abide by the order to be passed by the Assistant Director of Survey and Land Records, Pudukkottai. If the petitioner fails to file an appeal within two weeks, the benefit of this order will stand vacated automatically.

3. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 18.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi To 1.The District Collector, 2.The District Revenue Officer, 3.The Revenue Divisional Officer, 3/4

G.R.SWAMINATHAN, J.

rmi 4.The Tahsildar, Alangudi Taluk, Pudukottai District.

5.The Firka / Taluk Surveyor, Alangudi Taluk, 6.The Assistant Director of Survey and Land Records, Pudukkottai.

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