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Madras High CourtWP/17879/2020disposed of

S.Raja v. The District Collector

2020-12-11Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :11.12.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.Raja, Male aged about 36 years, S/o.Sendrayan, Achankadu, Moolakadu Village, Mettur Taluk, ... Petitioner Vs.

1.The District Collector, O/o.The District Collector, Salem District, Salem.

2.The Tahsildar, Mettur Taluk Office, Mettur Taluk, 3.The Taluk Surveyor, Mettur Taluk Office, Mettur Taluk, 4.The Inspector of Police, Kolathur Police Station, 5.Manickam, Achankadu, Moolakadu Village, Mettur Taluk, 1/4

... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 2 and 3 to survey the property and also direct the 4th respondent police to provide police protection to survey the property, which properties situated in S.No.63/3A and 63/3B in Achankadu, Moolakadu Village, Mettur Taluk, Salem District based on the representation of the petitioner dated 20.08.2020 within stipulated time fixed by this Court.

For Petitioner : Mr.M.Senthilkumar For Respondents : Mr.S.N.Parthasarathy (for R1 to R4) Government Advocate

ORDER

This Writ Petition has been filed for the issue of Writ of Mandamus directing the respondents 2 and 3 to survey the subject property, based on the representation given by the petitioner on 20.08.2020. 2.Mr.S.N.Parthasarathy, learned Government Advocate appearing on behalf of the respondents 1 to 4 submitted that pursuant to the application submitted by the petitioner, a survey was conducted by the third respondent on 10.08.2020 and the property was measured and boundary stones were laid. The learned Government Advocate therefore submitted that nothing survives in this 2/4

Writ Petition.

3.The learned counsel for the petitioner submitted that he wants to fence the subject property and he wants to do it in the presence of the second and third respondents.

4.In the considered view of this Court, the respondents have already completed their work by surveying the property and identifying the boundaries. If the petitioner wants to fence the property, it is the lookout of the petitioner and he cannot expect the revenue authorities to come and assist in doing the said work. Immediately after the survey was conducted, the work of the department is over and it is for the petitioner to get the property fenced. 5.In view of the above, no further order is necessary. Accordingly, this Writ Petition is disposed of. No costs.

11.12.2020 Index :Yes/No Internet:Yes/No sai/pgp 3/4

N.ANAND VENKATESH,J.

sai/pgp To 1.The District Collector, O/o.The District Collector, Salem District, Salem.

2.The Tahsildar, Mettur Taluk Office, Mettur Taluk, 3.The Taluk Surveyor, Mettur Taluk Office, Mettur Taluk, 4.The Inspector of Police, Kolathur Police Station, Dated: 11.12.2020 4/4