Ganesan P v. The District Collector

W.P.(MD) No.21181 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD) No.21181 of 2021 P.Ganesan ... Petitioner vs.

1.The District Collector, Karur District, Karur.

2.The Tashildar, Kadavur Taluk, Kadavur (Tharagampatty Station), Karur District.

3.The Head Surveyor, Kadavur Taluk, Kadvaur, Karur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 2 and 3 to survey the land of the petitioner and subdivide, mark boundaries and mark the pathway to the petitioner's land in S.No.10/99A, in Mathagiri Village, Kadavur Taluk, Karur District for the payment of e-challan on 16.08.2021 and on the representation to the second respondent on 16.09.2021 and fix a time frame by this Court.

For Petitioner : Mr.R.Ramasamy For Respondents : Mr.S.Shanmugavel Additional Government Pleader

O R D E R

Mr.S.Shanmugavel, learned Additional Government Pleader, takes notice for the respondents.

2.The writ petition has been filed in the nature of Writ of Mandamus, seeking to survey the land and sub divide, mark boundaries and mark the pathway to the petitioner's land in S.No.10/99A in Mathagiri Village, Kadavur Taluk, Karur District. 3.The petitioner claims that a representation had been given on 16.09.2021 and necessary challan has also been paid. However, it is also seen from the perusal of the documents filed that the patta stands in the name of separate individuals and in the 10(1) document with respect to the land, 11 names are found. The petitioner is one of them. I am not able to comprehend how the second respondent would be able to subdivide the land in the teeth of so many holders. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.21181 of 2021 4.A direction is given to the second respondent to examine the representation given by the petitioner and if it is felt that everybody has to be heard, then necessarily, he has to issue notice to all the individuals, whose names are found in the patta and in other relevant documents, examine whether sub division is possible by the revenue authority and if it is not possible take appropriate decision accordingly. The Tashildar may take appropriate decision within a period of twelve weeks from the date of receipt of a copy of this order.

5.With the above observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) Sji 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, Karur District, Karur.

2.The Tashildar, Kadavur Taluk, Kadavur (Tharagampatty Station), Karur District.

3.The Head Surveyor, Kadavur Taluk, Kadvaur, Karur District.

+1 CC to M/s.SPL GP ( SR-36503[F] dated 30/11/2021 ) W.P.(MD) No.21181 of 2021 29.11.2021 MGJ(10.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2