M.Murugan v. The Assistant Director Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.03.2024 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.6426 of 2024 M.Murugan ... Petitioner Vs.
1. The Assistant Director of Survey and Land Records Department Thiruvannamalai District, Thiruvannamalai
2. The Tahsildar Kalasapakkam Taluk Thiruvannamalai District
3. The Inspector of Police Kadaladi Police Station Thiruvannamalai District, Thiruvannamalai ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1 st respondent to survey the property comprised in Survey No.75/4, 65-Mattavettu Village, Kalasapakkam Village, Thiruvannamalai District, to an extent of 0.48.5 Hectare and to measure and fix the boundaries with the aid and protection of the 2 nd respondent pursuant to the petitioner's representation dated 06.02.2024.
1/7
For Petitioner : Mr.K.Thenrajan For R1 and R2 : Mr.T.Arun Kumar Additional Government Pleader For R3 Mr. S.Sugendran Additional Public Prosecutor
ORDER
This Writ Petition is filed seeking to issue a Writ of Mandamus directing the 1 st respondent to survey the property comprised in Survey No.75/4, 65-Mattavettu Village, Kalasapakkam Village, Thiruvannamalai District, to an extent of 0.48.5 Hectare and to measure and fix the boundaries with the aid and protection of the 2 nd respondent pursuant to the petitioner's representation dated 06.02.2024.
2. The case of the petitioner is that he made a representation dated 06.02.2024 to survey his land and also paid the requisite fees on 07.02.2024, vide Challan No.20230303007103. But the same has not been considered so far. Hence, the present Writ Petition is filed. 2/7
3. Mr. T.Arun Kumar, learned Additional Government Pleader takes notice for the respondents 1 and 2. Mr.S.Sugendrna, learned Additional Public Prosecutor takes notice for the 3 rd respondent/Police.
4. The present Writ Petition is filed only to survey the land. However, since the 3rd respondent/Police is impleaded unnecessarily, the Writ Petition is dismissed as against the 3rd respondent/Police with costs of Rs.10,000/- (Rupees ten thousand only).
5. Having regard to the submissions made by the learned counsel on either side and since the Writ Petition is filed seeking to issue a simple Writ of Mandamus to survey the land, this Court, without expressing any opinion with regard to the merits of the case, directs the 2nd respondent to consider the petitioner's representation dated 06.02.2024 and issue notice 3/7
to the petitioner, adjacent land owners of the four boundaries of the subject property, interested parties/rival claimants/aggrieved parties/objectors if any, as the case may be and conduct enquiry in the manner known to law and pass orders on merits and in accordance with law. All the said exercise shall be completed within the time as stipulated in the circular No.R1/2005632/2022 dated 17.07.2023 issued by the Commissioner of Land Administration Department, from the date of receipt of a copy of this order.
6. With the above directions, this Writ Petition is disposed of at the admission stage itself insofar as the respondents 1 and 2 are concerned. No costs.
7. As stated above, the Writ Petition is dismissed as agianst the 3 rd respondent/Police with costs of Rs.10,000/-. The petitioner is directed to 4/7
pay the said costs of Rs.10,000/- to the credit of Chief Minister's Relief Fund.
13.03.2024 Index : Yes / No Speaking Order : Yes / No Neutral Case Citation : Yes/No Ksa-2 5/7
To
1. The Assistant Director of Survey and Land Records Department Thiruvannamalai District, Thiruvannamalai
2. The Tahsildar Kalasapakkam Taluk Thiruvannamalai District
3. The Inspector of Police Kadaladi Police Station Thiruvannamalai District, Thiruvannamalai 6/7
P.VELMURUGAN. J.
Ksa-2 W.P. No.6426 of 2024 13.03.2024 7/7