K.Susila v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH K.Susila ... Petitioner Vs.
1. The District Collector, Madurai.
2. The Tahsildar, Melur Taluk, Madurai District.
3. The Senior Draftsman (Lands Survey), Melur, Madurai District.
4. The Village Administrative Officer, Kottampatty, Melur, Madurai District.
5. Raja
6. Chellaiah
7. Murugesan ... Respondents (Respondent Nos.5 to 7 are impleaded by this Court vide order dated 16.04.2021) Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to direct the second respondent to survey and fixing the boundary marks and rectify the revenue entries of the petitioner's lands, situated in Survey No.288/1P4 of Kottampatty, Melur Taluk, Madurai District, based on the petitioner's representation dated 20.02.2014. For Petitioner : Mr.S.Muthalraj For R-1 to R-4 : Mr.Mv.M.Muniasamy Additional Government Pleader
ORDER
This Writ Petition has been filed for the issue of a Writ of Mandamus directing the second and third respondents to consider the representation made by the petitioner on 20.02.2014, wherein, the petitioner has sought for the survey of the subject property and for 1/3
fixing the boundaries and to carry out the necessary mutation in the revenue records.
2. When the matter was taken up for admission on 15.07.2014, this Court noticed that there are objections from other rival claimants and therefore, directed the petitioner to file an impleading petition by adding them as respondents. The impleading petition was filed and the rival claimants have been added as respondents 5 to 7 in this writ petition.
3. Heard Mr.S.Muthalraj, learned counsel appearing for the petitioner and Mr.M.Muniasamy, learned Additional Government Pleader appearing for the respondents 1 to 4.
4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ petition, there shall be a direction to the second respondent to consider the representation made by the petitioner on 20.02.2014 and conduct an enquiry and afford an opportunity to the petitioner and the respondents 5 to 7 and take a decision with regard to survey of the property, strictly in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of this order.
5. The petitioner is directed to make a fresh representation to the second respondent along with all the relevant documents and also a copy of this order.
6. The Writ Petition stands disposed of with the above directions. No costs.
Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Madurai.
2. The Tahsildar, Melur Taluk, Madurai District.
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3. The Senior Draftsman (Lands Survey), Melur, Madurai District.
4. The Village Administrative Officer, Kottampatty, Melur, Madurai District.
+1 CC to Mr.NA.PALANIYANDI, Advocate ( SR-16117[F] dated 16/04/2021 ) +1 CC to Special Government Pleader ( SR-16282[F] dated 17/04/2021) Order made in Dated:16.04.2021 TSG TE : 24/05/2021 : 3P/7C 3/3