Saravanan v. The Colllector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.25378 OF 2021 AND W.M.P.NO.26805 OF 2021 S.Saravanan

...Petitioner

Vs

1. The Collector, Collector Office, Krishnagiri.

2. The Thasildar, Taluk Office, Uthangarai Taluk, Krishnagiri District.

3. The Superintendent of Police, Superintendent of Police Office, Krishnagiri.

4. The Inspector of Police, Uthangarai Police Station, Uthangarai.

5. Kuppusamy

6. K.Govindan

7. K.Durai

8. A.Kuppu

9. M.Lakshmi

...Respondents

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to survey the land bearing I) Survey No.31/8, extension, 0.12 cent, 2) Survey No.33/1A, extension, 0.89 cent, 3) Survey NO.33/1C, extension 0.62 cent total extension 1.33 cent property situated at Kondampatti Village vide document No.1771/2017, SRO Office Uthangarai. II) 1) Survey No.31/6, extension 0.69 cent, 2) Survey No.33/1B, extension,

0.69 cent total extension 1.38 cent property situated at Kondampatti Village vide document No.1765/2017, SRO Office Uthangarai. III) 1) Survey No.31/7, extension, 1.88 cent, 2) Survey No.31/9, extension, 0.12 cent, 3) Survey No.33/1D, extension, 1.11 cent total 3 acres 11 cents, the property situated at Kondampatti Village vide document No.1764/2017, SRO Office Uthangarai. IV) 1) Survey No.33/1B, extension, 0.69 cent,

2) Survey No.33/1F, Survey No.34/9 in the survey number by way East side South and North Car Track the property situated at Kondampatti Village vide document No.4579/2017, SRO Office Uthangarai, along with police aid on the part of the 3rd respondent.

For Petitioner : M/s.S.Archana For Respondents : Mr.A.Selvendran Special Government Pleader (for R-1 to R-4)

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, directing the respondents 1 and 2 to survey the respective petitioner's lands.

2. The petitioner submitted his application on 01.11.2021 before the first and second respondents to survey the respective petitioner's lands. However, it is pending on the file of the second respondent.

3. Considering the above facts and circumstances of this case, the second respondent is directed to conduct enquiry on the said application, after issuance of notice to the petitioner, adjacent land owners viz., the fifth to ninth respondents and counter parties, if any and after giving opportunity of hearing to them, pass orders to survey the said lands within a period of twelve weeks from the date of receipt of a copy of this order. Therefore, it is made clear that, if any order is passed to survey the subject lands, the concerned surveyor finds any hindrance while surveying the said lands, he can very well seek necessary police protection to survey the petitioner's lands.

4. With the above direction, this Writ Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar kv To

1. The Collector, Collector Office, Krishnagiri.

2. The Thasildar, Taluk Office, Uthangarai Taluk, Krishnagiri District.

3. The Superintendent of Police, Superintendent of Police Office, Krishnagiri.

4. The Inspector of Police, Uthangarai Police Station, Uthangarai.

+1cc to the Government Pleader, S.R.No.63022 W.P.No.25378 of 2021 PVS(CO) RLP(13/12/2021)