A.M.Shajahan, S/O.Muthalif v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)Nos.9068 & 9069 of 2017 A.M.Shajahan ... Petitioner vs.

1.The District Collector, Dindigul District, Dindigul.

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

3.The Tahsildar, Palani Taluk, Dindigul District.

4.The Executive Officer, Town Panchayat, Palani Taluk, Dindigul District.

5.Thayar Sulthan ... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the proceedings of the fourth respondent in Na.Ka.No. 360/2015/A dated 09.06.2017 and quash the same as illegal, arbitrary and consequently direct the fourth respondent to survey the petitioner's land in Survey No.141/2 at Ootar Street, Palani Taluk, Dindigul District and quash the same.

For Petitioner : Mr.C.Bethanasamy For Respondent Nos.1 to 3 : Mr.J.Ashok Additional Government Pleader For Respondent No.4 : No appearance

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) The petitioner has come forward with this Writ Petition, seeking to quash the proceedings of the fourth respondent in Na.Ka.No.360/2015/A dated 09.06.2017 and consequently to direct the fourth respondent to survey the petitioner's land in Survey No.141/2 at Ootar Street, Palani Taluk, Dindigul District.

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2.When the matter was taken up for hearing today, the learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that the third respondent filed a status report, wherein it is stated that during the course of survey and measurement, it is revealed that the petitioner had not made any encroachment in the street lies on the Southern side of the petitioner's land.

3.Recording the aforesaid statement made in the compliance report, the impugned order, dated 09.06.2017 passed by the fourth respondent is quashed and the Writ Petition stands allowed. No costs. Consequently, connected Miscellaneous Petitions are closed. [D.K.K.,J.] [R.V.,J.] 26.02.2024 NCC : Yes / No Index : Yes / No ps 3/5

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

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

3.The Tahsildar, Palani Taluk, Dindigul District.

4.The Executive Officer, Town Panchayat, Palani Taluk, Dindigul District.

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D. KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

ps ORDER MADE IN DATED : 26.02.2024 5/5