Nandhakumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI Nandhakumar ... Petitioner vs.

1.The District Collector, 2.The District Revenue Officer, 3.The Tahsildar, Madurai East Taluk, Madurai District.

4.The Surveyor, Taluk Office, Madurai East Taluk, Madurai District.

5.The Inspector of Police, Appan Thiruppathi Police Station, Madurai District.

6.Malaichamy ... Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 to 4 to survey the petitioner's property and fix boundary stones in respect of S.No.45/1B to an exent of 0.39.0 hectares, survey No.45/5B to an extent of 9.09.50 hectares, S.No.45/6 to an extent of 0.28.50 hectares situated at Kallanthiri 2nd Bit, Madurai East Taluk, Madurai Distrtict under the supervision of the fifth respondent for surveying the land on the basis of the petitioner's representation dated 17.09.2024, within a time frame to be stipulated by this Court.

For Petitioner : Mr.P.Krishnasamy For Respondents : Mr.B.Saravanan Additional Government Pleader for R1 to R4 Mr.S.Prakash Government Advocate (Crl. side) for R5

ORDER

The petitioner has filed the instant writ petition seeking the respondents to survey and fix the boundaries in respect of his lands. Though the petitioner made a representation for survey wayback on 23.09.2022, thereafter, the petitioner also appears to have not followed up the matter.

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2.It is also contended by the learned counsel for the petitioner that the writ petition filed by the sister was allowed by this Court on 20.12.2022, directing the authorities to conduct a survey and fix the boundaries. However, even thereafter, no survey has been conducted and hence the present writ petition has been filed. 3.Considering the limited scope of the relief sought for in the writ petition, with the consent of the learned counsel on either side, the writ petition itself is taken up for final disposal.

4.It is seen from the affidavit that though there has been a representation made to the authorities on 23.09.2022, the online application and payment of requisite fee has been made only on 09.01.2025. 5.Considering the above, there shall be a direction to the third respondent shall conduct a survey and demarcate the boundaries of the petitioner's property in terms of his online application on 09.01.2025, within a period of twelve weeks from the date of receipt of a copy of this order. 3/6

6.The learned counsel for the petitioner would also submit that the representation has also been given to the Inspector of Police, namely, the fifth respondent for providing adequate police protection at the time of survey. 7.It is made clear that if the third respondent/Tahsildar and the fourth respondent/Surveyor deem it fit that the police protection would be necessary at the time of survey, they shall make a request to the fifth respondent for providing adequate police protection at the time of survey and the fifth respondent shall provide necessary protection.

8.With the above directions, this Writ Petition is disposed of. No costs. 13.02.2025 sji NCC: Yes/No Index : Yes / No Internet : Yes / No To 1.The District Collector, 4/6

2.The District Revenue Officer, 3.The Tahsildar, Madurai East Taluk, Madurai District.

4.The Surveyor, Taluk Office, Madurai East Taluk, Madurai District.

5.The Inspector of Police, Appan Thiruppathi Police Station, Madurai District.

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P.B.BALAJI , J.

sji 13.02.2025 6/6