Vincent v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Vincent ... Petitioner /Vs./ 1.The District Collector, Pudukkottai, Pudukkottai District.

2.The Taluk Surveyor, Kulathur Taluk, Pudukkottai District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to survey and demarcate the petitioner's land in survey No.151/6A measuring 0-1.5 Ares, 154/14A measuring 0-2 ares and 155/1A measuring 0-5.5 ares in Sengalur Village, Kulathur Taluk, Pudukkottai District within the time frame fixed by this Court.

For Petitioner : Mr.R.J.Karthick For R1 to R3 : Mr.B.Saravanan Additional Government Pleader 1/5

ORDER

This writ petition has been filed for issuance of writ of mandamus to direct the first respondent to survey and demarcate the petitioner's land.

2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. I have heard the learned counsel appearing on either side and perused the materials placed before this Court.

4. The learned Additional Government Pleader appearing for the respondents would submit that pursuant to the application dated 28.03.2024, the official respondents have attempted to survey the land on 06.06.2024, however, in view of the non co-operation of the neighbours, the land could not be surveyed. The learned Additional Government Pleader would, therefore, submit that the second respondent may be directed to conduct a survey with the aid of the jurisdictional police 2/5

officials and pass orders on the petitioner's application, dated 28.03.2024 on its own merits.

5. In view of the above, the writ petition is allowed and a mandamus is issued to the second respondent to survey the petitioner's land in the presence of the petitioner and also take the assistance of the jurisdictional police, if there is any likelihood of breach of peace in the locality at the time of survey. The survey shall be conducted and thereafter, the second respondent shall pass orders on the petitioner's representation dated 28.03.2024 and 30.03.2024 respectively on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

6. Accordingly, the writ petition is disposed of with the above direction. No costs.

Index : Yes / No NCC : Yes / No 03.02.2025 am 3/5

TO:- 1.The District Collector, Pudukkottai, Pudukkottai District.

2.The Taluk Surveyor, Kulathur Taluk, Pudukkottai District.

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P.B. BALAJI , J.

am Order made in Dated:

03.02.2025 5/5