K.Ramasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR K.Ramasamy ... Petitioner Vs 1.The District Collector, Erode, Erode District.

2.The Revenue Divisional Officer, Perundurai, Erode District, Erode District.

3.The Tahsildar, Perundurai, Erode District.

4.The Surveyor, Perundurai, Erode District.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 3rd and 4th respondents to conduct a survey and fix the boundary of petitioner property comprised in S.No.506/1 situated at Murugatholavu Village, Perundurai Taluk, Erode District by considering his representation dated 6.9.2022, 21.9.2022.

1/6

For Petitioner : Mr.K.Myilsamy For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the 3rd and 4th respondents to conduct a survey and fix the boundary of the petitioner's property comprised in S.No.506/1 situated at Murugatholavu Village, Perundurai Taluk, Erode District by considering his representation dated 6.9.2022 and 21.9.2022.

2. In respect of the property at New Survey No.506/1 Natham New Survey No.506/1, Ammankovil Pudur Natham, Perundurai Taluk, Erode District, the petitioner in order to survey the property and identify the four boundaries had given an application on 06.09.2022, the same though has been received by the 3rd respondent/Tahsildar, so far he has not come forward to survey the land, therefore the petitioner has moved the present writ petition with the aforestated prayer.

2/6

3. Heard Mr.K.Myilsamy, learned counsel appearing for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents.

4. The learned Special Government Pleader for the respondents would submit that, normally this kind of application should be made only through online. Assuming that he has given application for which according to the Tahsildar, necessary fee has to be paid through online, without the necessary fee being paid, the application submitted by the petitioner cannot be considered, once he comes forward to make the payment of fee, certainly it would be considered on merits within a time frame that may be stipulated by this Court.

5. Considering the said submission made by the learned Special Government Pleader appearing for the respondents, this Court is inclined to dispose of this writ petition with the following orders: That it is for the petitioner to make necessary fee to the 3rd respondent/Tahsildar through online and on making such 3/6

payment, the 3rd respondent/Tahsildar along with the 4th respondent/Surveyor shall take necessary steps to survey the land belongs to the petitioner as sought for in his application dated 06.09.2022 after giving notice to the petitioner as well as other neighbours and complete the same within a period of six weeks thereafter.

6. With this direction, this Writ Petition is disposed of. No costs. 09.12.2022 Index : Yes / No Speaking Order : Yes / No Sgl 4/6

To 1.The District Collector, Erode, Erode District.

2.The Revenue Divisional Officer, Perundurai, Erode District, Erode District.

3.The Tahsildar, Perundurai, Erode District.

4.The Surveyor, Perundurai, Erode District.

5/6

R. SURESH KUMAR, J.

Sgl W.P.No.33225 of 2022 09.12.2022 6/6