Madras High CourtWP/3067/2024disposed of

Vengatapathi v. The District Collector

2024-02-12Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Vengatapathi ... Petitioner Vs.

1 The District Collector, Krishnagiri District.

2 The Tahsildar, Bargur Taluk, Krishnagiri District.

3 The Head Surveyor, Bargur Taluk, Krishnagiri District.

4 The Inspector of Police, Bargur Police Station, Krishnagiri District.

... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st to 3rd respondents to survey the petitioners land in Survey No. 84/9C1 in Patta No. 2167 to an extent of 0.12.98 Acres respectively situated at Palinayanappalli

Village, Bargur Taluk, Krishnagiri district and to fix its boundaries as per revenue records by obtaining adequate police protection from the 4th respondent police.

For Petitioner : Mr.A.Arun Kumar For R1 to R3 : Mr.A.Selvendran Special Government Pleader For R4 : Given up.

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, directing the 1st to 3rd respondents to survey the petitioners land in Survey No. 84/9C1 in Patta No. 2167 to an extent of 0.12.98 Acres respectively situated at Palinayanappalli Village, Bargur Taluk, Krishnagiri district and to fix its boundaries as per revenue records by obtaining adequate police protection from the 4th respondent police.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

3. Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the second respondent to consider the petitioner's online application dated 28.12.2023, and conduct enquiry in the manner known to law after issuing notice to the petitioner, adjacent land owners of four boundaries of the subject property and interested parties/rival claimants/objectors if any, as the case may be and pass orders on merits and in accordance with law. The said exercise shall be completed within a period of two months from the date of receipt of a copy of this order.

4. The petitioner has given up the fourth respondent with regard to the relief sought for by the petitioner in the writ petition. Hence the writ petition is dismissed as against the fourth respondent.

5. With the abovesaid direction, the Writ Petition is disposed of.

There shall be no order as to costs.

12.02.2024 mfa Index:Yes/No Speaking Order: Yes/No To 1 The District Collector, Krishnagiri District.

2 The Tahsildar, Bargur Taluk, Krishnagiri District.

3 The Head Surveyor, Bargur Taluk, Krishnagiri District.

4 The Inspector of Police, Bargur Police Station, Krishnagiri District.

P.VELMURUGAN, J.

mfa 12.02.2024