Heard Mr.S.Ramachandran, the learned counsel appearing for the petitioner and Mr.So.Paramasivam, the learned Government Advocate, appearing for the respondents.
2. This writ petition has been filed praying for a writ of Certiorari, to call for the records relating to the impugned notice of the second respondent, dated 10.12.2009, and to quash the same.
3. The learned counsel for the petitioner had submitted that the petitioner is in possession of 78 cents of agricultural land, in Survey No.75/1, at Allinagaram village, Theni District. He has also stated that the said land had been purchased by the petitioner by way a registered sale deed, dated 10.08.1961. Since then, the petitioner had been in peaceful possession and enjoyment of the said property. However, the second respondent has issued the impugned notice, dated 10.12.2009, asking the petitioner to appear before him, along with the necessary documents. In the said notice, it has been stated that the second respondent is to survey the land, in Survey No.75/2, at Allinagaram Town, Theni District, as per the directions issued by this Court, on 10.11.2009, made in W.P.(MD) No.10703 of 2009. At that stage, the petitioner has approached this court by way of a writ petition, under
Article 226 of the Constitution of India.
4. Mr.So.Paramasivam, the learned Government Advocate appearing on behalf of the respondents 1 and 2, had submitted that the second respondent had issued the impugned notice, dated 10.12.2009, to the petitioner pursuant to the directions issued by this Court, by its order, dated 10.11.2009, made in W.P.(MD) No.10703 of 2009, wherein this Court had directed the second respondent to conclude the action initiated, pursuant to the notice bearing No.161 of 2009, dated 27.08.2009, issued to the petitioner. The said notice, dated 27.08.2009, is issued by the second respondent Inspector of Town Survey, Municipal Office, Theni-Allinagaram, Theni District, for surveying the land of Kaliammal, who is shown as the third respondent in the present writ petition, in W.P.(MD) No.13342 of 2009.
5. The learned Government Advocate appearing on behalf of the respondents 1 and 2 had further stated that the Town Surveyor, who is shown as the second respondent in the present writ petition, would survey the land in Survey No.75/2, Allinagaram village, Theni District, and not the land belonging to the petitioner. However, the petitioner is to produce the necessary documents to identify his land during the enquiry and to co-operate in the enquiry, to be held by the Town Surveyor, Theni-Allinagaram Municipality, Theni, the second respondent in the present writ petition.
6. The learned counsel appearing on behalf of the petitioner had also stated that the petitioner would co-operate in the enquiry to be conducted by the second respondent and would produce all the necessary documents to identify his land, said to be in Survey No.75/1, Allinagaram village, Theni District. He had further stated that the enquiry to be held, on 07.12.2009, had been postponed to a later date, to be specified by the second respondent. It had also been submitted that the petitioner will fully co-operate in the enquiry to be conducted by the second respondent, by producing the necessary documents.
7. In view of the submissions made by the learned counsels appearing on behalf of the petitioner, as well as the respondents 1 and 2, since no further orders are necessary, the writ petition stands closed. No costs. Consequently, connected miscellaneous petition is also closed.
cs To
1.The Tahsildar, Theni Taluk, Theni.
2.The Town Surveyor, Theni Allinagaram Municipality, Theni.