Madras High CourtWP(MD)/20431/2021disposed of

Muniyappan.M v. The Dist.Collector

2021-12-10Honourable Mr Justice C.V. Karthikeyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.12.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN M.Muniyappan ... Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Dindigul Revenue, Dindigul, Dindigul District.

3.The Tahsildar, Dindigul West Taluk, Dindigul District.

4.The Special Thasildar (Town Settlement), Dindigul Town, Dindigul District.

5.The Town Surveyor, Dindigul Corporation, Dindigul.

6.The Town Sub Inspector of Survey, Dindigul Corporation, Dindigul.

7.The Taluk Deputy Inspector of Survey, Dindigul West Taluk, Dindigul District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the third and fourth respondents to survey and complete the enquiry with the assistance of 5 to 7 respondents by putting adjacent land owners on notice based on the proceeding of first respondent in Ma.Pa.No.218/2021 Dated 26.08.2021 and to direct the fourth respondent to issue rectified patta for the lands situated at 1/3

T.S.No.1489/1F in Dindigul Corporation, Dindigul Town, Ward No.6, Block No.30 within a time frame as stipulated by this Court. For Petitioner : Mr.Sarvagan Prabhu For R-1 to R-4 and R-7 : Mr.D.Ghandiraj Special Government Pleader For R-5 and R-6 : Mr.J.Lawrence Standing Counsel

ORDER

This Writ Petition has been filed in the nature of Mandamus to direct the third respondent/the Tahsildar, Dindigul West Taluk, Dindigul District and the fourth respondent/the Special Thasildar (Town Settlement), Dindigul Town, Dindigul District to conduct the survey and complete the enquiry with respect to the lands at T.S.No.1489/1F in Dindigul Corporation, Dindigul Town, Ward No.6, Block No.30.

2. Mr.D.Ghandiraj, learned Special Government Pleader takes notice on behalf of respondents 1 to 4 and 7. Mr.J.Lawrence, learned Standing Counsel takes notice for respondents 5 and 6.

3. It is informed that the third and fourth respondents had conducted enquiry. But, however, the grievance of the learned counsel for the petitioner is that patta had been granted for lands, which according to him encroaches into his lands. Questioning that particular fact, the petitioner had filed an appeal before the second respondent/the Revenue Divisional Officer, Dindigul District.

4. It will only be appropriate that the second respondent in whose file, the appeal is now pending, examines the appeal, issues notice to all concerned including the petitioner and to all those for whom the subsequent patta had been granted, examines the revenue records, examines the nature of the land and decides the appeal. Time is granted till 28.02.2022 for the second respondent to complete the said exercise and pass final orders in the appeal in manner known to law.

5. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Nsr/Lm 2/3

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, Dindigul District, Dindigul.