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Madras High CourtWP(MD)/19775/2020disposed of

Suresh.S v. The District Collector

2023-10-09Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.10.2023

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH S.Suresh .. Petitioner

Versus

1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Musiri, Trichy District.

3.The Tahsildar, Musiri Taluk Office, Musiri, Trichy District.

.. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents from forming a Channel in Survey Nos.22/1, 22/2 and 22/3, situated at Musiri East Revenue Village, Musiri Taluk, Trichy District, without following any due process of law and consider the petitioner's representation dated 01.12.2020. For Petitioner :

Mr.K.Arunraj For Respondents :

Mr.R.Ragavendran Government Advocate 1/4

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, forbearing the respondents from forming a Channel in Survey Nos.22/1, 22/2 and 22/3 at Musiri East Revenue Village, Musiri Taluk, Trichy District, by considering the representation made by the petitioner on 01.12.2020.

2. The petitioner claims that the subject property was purchased by his grandfather through a registered sale deed, dated 19.09.1969, bearing Document No.2110 of 1969 and his grandfather was doing agriculture in the property. After his demise, the father of the petitioner became the owner and on the demise of the father in the year 2016, the petitioner is claiming to be the absolute owner of the said property. According to the petitioner, an attempt is being made by the respondents to form a channel in the subject property and the petitioner has given his objections in this regard. Since the same was not considered, the present Writ Petition has been filed before this Court.

3. The learned Government Advocate appearing on behalf of the respondents produced the written instructions received from the third respondent and also the relevant entries made in the ''A'' Register. 2/4

4. In the considered view of this Court, the third respondent based on the materials that have been produced before this Court, can pass an order and inform the same to the petitioner within the time frame fixed by this Court.

5. In view of the above, there shall be a direction to the third respondent to pass an order based on the representation made by the petitioner on 01.12.2020 and serve the same on the petitioner, within a period of four weeks from the date of receipt of a copy of this order.

6. This Writ Petition is disposed of in the above terms. No costs. NCC : Yes/No 09.10.2023 Index : Yes/No smn2 To 1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Musiri, Trichy District.

3.The Tahsildar, Musiri Taluk Office, Musiri, Trichy District.

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N.ANAND VENKATESH, J.

smn2 W.P.(MD) No.19775 of 2020 09.10.2023 4/4