C.Dhanasekaran v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.12.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P. No.9587 of 2019 C.Dhanasekaran
...Petitioner
-Vs1. The District Collector, Dharmapuri District.
2. The Thasildar, Harur, Dharmapuri District.
3. The Taluk Surveyor, Harur, Dharmapuri District.
4. The Inspector of Police, Harur Police Station, Dharmapuri District.
5. Anbu
...Respondents
Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents 2 & 3 to survey the property of the petitioner comprised in S.F.No.1/5, Boothinatham Village, Harur Taluk, Dharmapuri District and fix boundaries with the aid of police protection from the fourth respondents by considering the representation of the petitioner herein dated 24.09.2018 within an appropriate time.
For Petitioner : Ms.V.Revathy For Mr.R.Nalliyappan For Respondents For R1 to R4 : Mr.P.Baladhandayutham Special Government Pleader
ORDER
This Writ Petition has been filed to direct the respondents 2 & 3 to survey the property of the petitioner comprised in S.F.No.1/5, Boothinatham Village, Harur Taluk, Dharmapuri District and fix boundaries with the aid of police protection from the fourth respondents by considering the representation of the petitioner herein dated 24.09.2018 within an appropriate time.
2.The case of the petitioner is that the petitioner owned agricultural land at S.F.No.1/5 at Boothinatham Village, Harur Taluk, Dharmapuri District and he applied for to survey the said land. On receipt of the application, when the respondents 2 & 3 had taken steps to survey the said property, the fifth respondents along with two others objected the same and not allowed the officials to survey the subject property. In fact, the petitioner also lodged complaint before the fourth respondents to take appropriate action as against the fifth respondent and others, who were restrained the officials and the petitioner was also issued a CSR copy.
3.On perusal of the counter affidavit filed by the second respondent revealed that the subject property was duly surveyed and boundaries demarked in respect of the subject property on 24.12.2018 and 25.12.2018 by the third respondent. However, the petitioner filed the present Writ Petition with the above said prayer.
4.Heard Ms.V.Revathy, learned counsel appearing for the petitioner and Mr.P.Baladhandayutham, learned Special Government Pleader appearing for the respondents 1to 4.
5.While pending the Writ Petition, this Court by an order dated 08.08.2019, directed the second respondent to survey the subject property and report before this Court. This Court further directed that the entire survey shall be videographed. 6.The learned Special Government Pleader filed memo dated 25.10.2019, stating that as directed by this Court, the survey has been done by the third respondent on 30.08.2019, with the help of the police officials and the same was also videographed. He also produced the report submitted by the third respondent to that extent that the subject land was surveyed as requested by the petitioner.
7.Recording the memo filed by the learned Special Government Pleader, the Writ Petition stands closed. There shall be no order as to costs.
Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar rts
To
1. The District Collector, Dharmapuri District.
2. The Thasildar, Harur, Dharmapuri District.
3. The Taluk Surveyor, Harur, Dharmapuri District.
4. The Inspector of Police, Harur Police Station, Dharmapuri District.
+1cc to M/s.R.Nalliyappan, Advocate, S.R.No.67196 +1cc to the Government Pleader, S.R.No.67490 W.P. No.9587 of 2019 SMI(CO) RGA(05/01/2022)