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Madras High CourtWP(MD)/21011/2018disposed of

M.Poosari, v. The District Collector,

2021-04-09Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 09.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH (Through Video Conferencing) M.Poosari ... Petitioner Vs.

1.The District Collector Dindigul District, Dindigul.

2.The Tahsildar, Vedasandur Taluk Dindigul District.

3.The Field Surveyor, Vedasandur Firca Vedasandur Taluk Dindigul District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents to include the S.No.679/1C and 679/1D in all revenue records, which have provided to the petitioner's land situated at Naga Konnanur, V.Pudhukottai Village, Vedasandur Taluk, Dindigul District pursuant to his application no.2017/13/0208/TIK/4490 dated 08.02.2018 and dispose the same within a stipulated time as prescribed by this Court.

For Petitioner :Mr.A.Chandrakumar For Respondents :Mr.P.Mahendran Additional Government Pleader

ORDER

This writ petition has been filed for the issuance of a writ of mandamus directing the third respondents to consider the application submitted by the petitioner on 08.02.2018, wherein, the petitioner has sought for including certain survey numbers in the revenue 1/3

records.

2.The learned Additional Government Pleader, on instructions, submitted that the application submitted by the petitioner was considered by the second respondent and it was found that there is a discrepancy in the entry after the UDR scheme and therefore, a survey has to be conducted before taking a decision on the application submitted by the petitioner. The learned Additional Government Pleader further submitted that there is some resistance from the adjacent land owners and therefore police protection would be required at the time of conducting the survey.

3. Taking into consideration the facts and circumstances of the case and the submission made by the learned Additional Government Pleader, there shall be a direction to the second respondent to proceed further to conduct a survey in the subject property and if there is any resistance, take necessary police protection and thereafter deal with the application submitted by the petitioner on 08.02.2018 and pass appropriate orders strictly in accordance with law within twelve weeks from the date of receipt of a copy of this order.

5. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) RR 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.

2/3

2.The Tahsildar, Vedasandur Taluk Dindigul District.

3.The Field Surveyor, Vedasandur Firca Vedasandur Taluk Dindigul District.

+1 CC to M/s.A.CHANDRAKUMAR, Advocate ( SR-15705[F] dated 09/04/2021 ) +1 CC to M/s.SPL GP ( SR-15848[F] dated 15/04/2021 ) 09.04.2021 CN(20.05.2021) 3P 6C 3/3