Madras High CourtWP/32972/2023disposed of

A.Chinnapaiyan Gounder v. The District Collector

2023-11-22Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2023

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN A.Chinnapaiyan Gounder ... Petitioner Vs.

1. The District Collector, Office Of The District Collector, Thiruvannamalai , Thiruvannamalai District.

2. The Tahsildar, Vembakkam Taluk, Thiruvannamalai District.

3. Village Administrative Officer, Vembakkam Village , Vembakkam, Thiruvannamalai District.

... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 2nd respondent to survey with the assistance of the third respondent to Survey and fix the boundaries for the land in Survey No. 15/1D2 bearing Patta No. 144 at Soleri Village, Seyyar Taluk, Thiruvannamalai District, as per the Tamil Nadu Survey and Boundaries Act 1923.

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For Petitioner : Mr.M.Uma Shankar For Respondents : Mr.P.Gurunathan Additional Government Pleader

O R D E R

The writ petition is filed in the nature of Mandamus, to direct the respondents to conduct survey and fix the boundaries as per the Tamil Nadu Survey and Boundaries Act, 1923.

2. Learned counsel for the petitioner stated that after the death of the petitioner's brother, Mr.Thoppai Gounder, his son Mr.T.Selvamani was trying to trespass into the petitioner's land. The petitioner made an application on 24.04.2023 before the Tahsildar, Vembakkam Taluk to survey his land in Survey No.15/1D2, bearing Patta No.144, measuring about 24 Ares and demarcate the petitioner's land. It is further stated that till date, the Tahsildar had not appointed the Surveyor to measure and demarcate the petitioner's land and the petitioner is not able to safeguard his land. Hence, the petitioner filed the present writ petition.

3. The respondents are directed to issue notice to the petitioner as well as the adjacent owners and the interested parties / rival claimants, if 2/4

any, and thereafter, conduct inquiry in the manner known to law. If the petitioner's application is found otherwise in order and the petitioner is found to be eligible, the respondents are directed to conduct survey and the said exercise shall be completed within a period of two (2) months from the date of receipt of a copy of this order.

4. With the above directions, the writ petition stands disposed of. However, there shall be no order as to costs. 22.11.2023 Index : Yes / No Speaking Order : Yes / No (sha) To

1. The District Collector, Office Of The District Collector, Thiruvannamalai , Thiruvannamalai District.

2. The Tahsildar, Vembakkam Taluk, Thiruvannamalai District.

3. Village Administrative Officer, Vembakkam Village , Vembakkam, Thiruvannamalai District.

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P.VELMURUGAN . J., (sha) 22.11.2023 4/4