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Madras High CourtWP/34675/2023disposed of

Annadurai v. The District Collector

2023-12-19Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2023

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Annadurai ... Petitioner Vs.

1. The District Collector, O/o the District Collector, Villupuram District.

2. The District Revenue Officer, The District Revenue Office, Villupuram District.

3. The Tahsildar, Vikravandi Taluk Office, Villupuram District.

4. The Head Surveyor, Vikravandi Taluk Office, Villupuram District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 3 and 4 to survey the petitioner's land situated in Villupuram District, Vikravandi

Taluk, Kappiyampuliyur Post, Irusanampalaiyam Village, Survey No.318/19, to the extent of 0.14.50 Ares (0.36 cents) in Old Patta No.721, New Patta No.1139 as per the request application vide e-challan No.20230902000173 dated 02.09.2023.

For Petitioner : Mr.T.Elumalai For Respondents : Mr.P.Gurunathan Additional Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, directing the respondents 3 and 4 to survey the petitioner's land situated in Villupuram District, Vikravandi Taluk, Kappiyampuliyur Post, Irusanampalaiyam Village, Survey No.318/19, to the extent of 0.14.50 Ares (0.36 cents) in Old Patta No.721, New Patta No.1139 as per the request application vide e-challan No.20230902000173 dated 02.09.2023.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3. It is the contention of the learned counsel for the petitioner that

the petitioner made application dated 02.09.2023 before the third respondent to survey his land in S.No.318/19. Since there was no response from them till date, the petitioner is constrained to file the present writ petition.

4. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the respondents to consider the petitioner's application 02.09.2023 for surveying the petitioner's land, if the petitioner is otherwise eligible, after issuing notice to all the adjacent land owners namely, all the land owners of the four boundaries of the the petitioner's land and all the interested parties/rival claimants if any, as the case may be and conduct enquiry and survey and pass appropriate orders on merits and in accordance with law. The abovesaid exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

5. With the abovesaid direction, the Writ Petition is disposed of.

There shall be no order as to costs.

19.12.2023 mfa Index:Yes/No Speaking Order: Yes/No To

1. The District Collector, O/o the District Collector, Villupuram District.

2. The District Revenue Officer, The District Revenue Office, Villupuram District.

3. The Tahsildar, Vikravandi Taluk Office, Villupuram District.

4. The Head Surveyor, Vikravandi Taluk Office, Villupuram District.

P.VELMURUGAN, J.

mfa 19.12.2023