S.Yogeeswaran v. The District Collector

T IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.08.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.Yogeeswaran ... Petitioner vs.

1.The District Collector, Namakkal District, 1st Floor, Collectorate, Tiruchengode Road, Namakkal - 637 003.

2.Assistant Director (Survey) Namakkal, Namakkal District Collectorate, Tiruchengode Road, Namakkal - 637 003.

3.Head Surveyor, Sendhamangalam Taluk Office, Namakkal District.

4.The Inspector of Police, Nelukurichi Police Station, Sendhamangalam Taluk Office, Namakkal District.

5.M.V.Arul 6.S.Sivasaravanan ... Respondents 1/6

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 3rd respondent to survey the pathway measuring 15 cents, comprised in S.No.108/4, situated in Uthirakidikaval Village of Sendhamangalam Taluk Office, Namakkal District and to lay survey stones thereto and also to provide police protection while the petitioner erect fence in the borders of his land. For Petitioner : Mr.S.P.Chockalingam For Respondents : Mr.D.Gopal Government Advocate for R1 to R3 Mr.S.Sugendran Additional Public Prosecutor for R4

O R D E R

The petitioner seeks a direction to the 3rd respondent to survey the pathway measuring 15 cents, comprised in S.No.108/4, situated in Uthirakidikaval Village of Sendhamangalam Taluk Office, Namakkal District.

2. It is the case of the petitioner that he owns agricultural land measuring 3.23 acres, comprised in S.No.104/1. The land measuring an 2/6

extent of 15 cents comprised in S.No.108/4 is a pathway to access the petitioner's land and also the respondents 1 and 6. The petitioner submitted an application on 07.06.2024 seeking survey of the land situated in S.No.108/4. The receipt issued to the petitioner dated 07.06.2024 would indicate that he paid necessary charges for the survey of the land.

3. Mr.D.Gopal, learned Government Advocate appearing for the respondents 1 to 3 would submit that the application of the petitioner for survey of the land would be considered on its own merits, after hearing rival parties namely respondents 5 and 6.

4. In view of the same, without going into the merits of the matter, this Court is inclined to issue direction to the 3rd respondent to consider the application submitted by the petitioner dated 07.06.2024 for survey of land in S.No.108/4 and pass final orders within a period of six weeks from the date of receipt of a copy of this order, after issuing necessary notice to the respondents 5 and 6.

5. Accordingly, this writ petition is disposed of. No costs. 3/6

13.08.2024 Index : Yes/No Speaking order:Yes/No ub To 1.The District Collector, 4/6

Namakkal District, 1st Floor, Collectorate, Tiruchengode Road, Namakkal - 637 003.

2.Assistant Director (Survey) Namakkal, Namakkal District Collectorate, Tiruchengode Road, Namakkal - 637 003.

3.Head Surveyor, Sendhamangalam Taluk Office, Namakkal District.

4.The Inspector of Police, Nelukurichi Police Station, Sendhamangalam Taluk Office, Namakkal District.

S.SOUNTHAR, J.

ub 5/6

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