The writ petition has been filed to call for the records relating to classification of old survey No.59 in Malingapuram, Aanaimalayanpatti, Uthamapalayam, Theni District, quash the same and consequently, forbear the respondents from carrying out in the proceedings for dispossession in old survey No.59/1 and new survey No.429/1.
2.The case of the petitioner is that the old survey No.59 in Aanaimalaiyanpatti village was subsequently renumbered as survey Nos.429/1, 2, 3 & 4 and 59/1. It is the further case of the petitioner that he had constructed a house in survey No.429/1 and he has been residing there for the past 38 years. However, during resurvey, the entire land in survey No.429/1 has been classified as 'street' and based on the entry, now an attempt is made to remove the occupants in survey No.429/1. Hence, the present writ petition.
3.Mr.M.Vallinayagam, learned Senior counsel appearing for the petitioner would submit that though the petitioner has filed the writ petition to set aside the entries made in the resurvey, however, it would suffice if a direction is given to the District Revenue Officer, Theni District, to consider the grievance of the petitioner and pass suitable orders.
4.Heard Mr.C.Selvaraj, learned Special Government Pleader appearing for the respondents 1 to 4 and perused the materials available on record.
5.In view of the submissions made by the learned Senior counsel appearing for the petitioner, without going into the merits of the case, this writ petition is disposed of with a direction to the petitioner to give a fresh representation to the 4th respondent/The Revenue Divisional Officer, Theni District, enclosing the copy of the order, within a period of two weeks from the date of receipt of the order copy and on such compliance, the 4th respondent shall consider the same and pass appropriate orders, purely on merits and in accordance with law, after affording opportunity of hearing to the petitioner and the necessary parties, if any, as expeditiously as possible, preferably within a period of six weeks therefrom. No costs. Consequently, connected Miscellaneous Petitions are closed.
To,
1.The Commissioner of Land Administration, Chepauk, Chennai.
2.The District Collector, Theni District, Theni.
3.The Tashildar, Land Survey and Settlement, Uthamapalayam, Theni District.
4.The District Revenue Officer, Theni District.
5.The Special Government Pleader, Madurai Bench of Madras High Court, Madurai.
.