Dhandapani v. The Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2020

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Dhandapani : Petitioner vs.

1.The Collector, Dindigul District, Dindigul.

2.The Assistant Director of Survey, Collectorate Complex, Dindigul District, Dindigul.

3.The Revenue Divisional Officer, Palani Revenue Division, Palani, Dindigul District.

4.The Tahsildar, Oddanchathatram Taluk, Dindigul District.

5.The Taluk Surveyor, Oddanchatram Taluk, Dindigul District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 2 to 5 to correct the field map as per the geographical location of very old existing Well in S.No.199/3A of Idaiyakottai Village, Oddanchatram Taluk, Dindigul District based on the petitioner's representation, dated 14.09.2019. For Petitioner :Mr.Raja Karthikeyan For R1 to R5 :Mr.C.Ramar Additional Government Pleader ***

O R D E R

This Writ Petition is filed for issuing a Writ of Mandamus directing the respondents 2 to 5 to correct the field map as per the geographical location of very old existing Well in S.No.199/3A of Idaiyakottai Village, Oddanchatram Taluk, Dindigul District based on the petitioner's representation, dated 14.09.2019. 2.By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself. 1/3

3.The grievance of the petitioner is that in FMB, the location of Well in S.No.199/3A of Idaiyakottai Village, Oddanchatram Taluk, Dindigul District is wrongly shown and it is likely that the map will mislead the authorities. Though a representation was given to the respondents, it is stated that the respondents have not considered the same.

4.In the said circumstances, this Court direct the respondents 2 to 5 to measure the property once again, if necessary, the entire land surrounding S.No.199/3A and draw a plan locating the Well as per the survey conducted, as per the direction of this Court. It is made clear that the respondents shall complete the exercise within a period of six months from the date of receipt of a copy of this order, after issuing notice to all the interested persons and the neighbouring land owners of the land in S.No.199/3A. It is also open to the respondents to measure the property, not only the property in S.No.199/3A, but also the other surrounding area. If for any other reason, the petitioner's representation requires adjudication of dispute among parties and it is not possible to resolve the dispute on the basis of previous revenue records, the parties may be directed to go before Civil Court. 5.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) cmr To 1.The Collector, Dindigul District, Dindigul.

2.The Assistant Director of Survey, Collectorate Complex, Dindigul District, Dindigul.

3.The Revenue Divisional Officer, Palani Revenue Division, Palani, Dindigul District.

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4.The Tahsildar, Oddanchathatram Taluk, Dindigul District.

5.The Taluk Surveyor, Oddanchatram Taluk, Dindigul District.

+1 CC to Mr.SPL GP ( SR-5602[F] dated 11/02/2020 ) +1 CC to Mr.RAJA.KARTHIKEYAN, Advocate (SR-5476[F] dated 10/02/2020 ) 10.02.2020 VB(20.02.2020) 3P 8C 3/3