K.Padmanabhan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Padmanabhan ... Petitioner(s) Vs.

1.The District Collector, Villupuram District, Villupuram.

2.The Tahsildar, Gingee Taluk, Villupuram District.

3.K.Periyannan

...Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents, particularly the 2nd respondent to measure and fix the boundary of the property, situated at Konai Village, Gingee Taluk, Villupuram District (a) Patta No.342, comprised in S.No.302/2A-0.09.00 Ares (0.22 1⁄2 cents) and (b) Patta No.342, comprised in S.No.303/1D1-0.31.50 Ares (0.78 Cents), in all totaling to an extent of 0.40.50 Ares (1.05 cents) to identify the encroachment made by the 3rd Respondent on the basis of the petitioner's representation dated 27.03.2025. 1/6

For Petitioner : Mr.R.Thanjan For Respondents : Mr.S.J.Mohamed Sathik for R1 to R3 Government Advocate

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also limited relief that is sought to be granted, notice to 3rd respondent is dispensed with. 2.The present writ petition is filed praying for a Writ of Mandamus to direct the 2nd respondent to measure and fix the boundary of the property in Patta No.342, comprised in S.No.302/2A, measuring an extent of 0.09.00 Ares (0.22 1⁄2 cents) and Patta No.342, comprised in S.No.303/1D1, measuring an extent of 0.31.50 Ares (0.78 Cents), in all totaling to an extent of 0.40.50 Ares (1.05 cents) situated at Konai Village, Gingee Taluk, Villupuram District to identify the encroachment made by the 3rd Respondent on the basis of the petitioner's representation dated 27.03.2025.

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3.It is submitted by the learned counsel for the petitioner that the petitioner is the absolute owner of the above mentioned property by virtue of Partition Deed dated 07.09.1971 executed between petitioner and his elder brothers viz., Gokulan, Balakrishnan, Sisubalan, registered as Document No.1825/1971 before the SRO, Gingee and ever since, petitioner had been in continuous possession and enjoyment of the said property.

4.It is further submitted by the learned counsel for petitioner that the petitioner had applied for survey and fixation of boundaries on 20.03.2025 and had also paid necessary fees for the same. It is submitted that the petitioner made representation dated 27.03.2025. However, the said representation has not been onsidered by the 2nd respondent till date. Hence, present writ petition has been filed before this Court. 5.Learned Government Advocate for the respondents would submit that they would conduct survey and fix boundary of the subject property within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner. 3/6

6.In view thereof, the writ petition stands disposed of with a direction to the 2nd respondent to conduct survey and fix the boundaries, after putting the petitioner, adjacent land owners and other interested parties including rival claimants, if any on notice, within a period of 8 weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs. 05.06.2025 Index : Yes/ No Speaking / Non Speaking Order pam 4/6

To 1.The District Collector, Villupuram District, Villupuram.

2.The Tahsildar, Gingee Taluk, Villupuram District.

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MOHAMMED SHAFFIQ, J.

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