Moorthy.M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 08.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.2627 of 2024 M.Moorthy

...Petitioner

/Vs./ 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

3.The Tahsildar, Sivakasi Taluk, Virudhunagar District.

...Respondents

Prayer: Writ Petition - filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to forthwith conduct the survey of the petitioner's land in S.No.1613/95B to the extent of 0.1266.0 Hectares situated at Thiruthangal Village, Sivakasi Taluk, Virudhunagar District as requested vide applications dated 18.04.2022 and previously within a stipulated time that may be fixed by this Court. 1/4

For Petitioner : Mr.P.Saravanakumar For Respondents : Ms.K.Christy Thebaral Additional Government Pleader

ORDER

This writ petition has been filed for issuance of writ of mandamus, directing the respondents to forthwith conduct the survey of the petitioner's land in S.No.1613/95B to the extent of 0.1266.0 Hectares situated at Thiruthangal Village, Sivakasi Taluk, Virudhunagar District as requested vide applications dated 18.04.2022 and previously within a stipulated time that may be fixed by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that the petitioner is in possession and enjoyment of the subject property. He submitted an application for survey of the subject property and he has also paid necessary fee for the same. Since no action has been taken by the respondents, this writ petition has been filed. 2/4

4. The learned Additional Government Pleader appearing for the respondents on written instructions received from the third respondent submits that the once the petitioner clears all the thorny bushes, the petitioner's land can be measured.

5. Considering the above facts and circumstances of the case, this Court directs the petitioner to clear all the bushes found in the subject property and on completion of which, the respondents are directed to conduct survey of the subject property by considering the application made by the petitioner dated 18.04.2022, in the presence of the petitioner and any other necessary party, whom the respondents deem fit to put on notice within a period of twelve [12] weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs. 08.02.2024 NCC : Yes/No Index : Yes/No Internet:Yes/No sm 3/4

V.BHAVANI SUBBAROYAN, J.

sm TO:- 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

3.The Tahsildar, Sivakasi Taluk, Virudhunagar District.

Order made in W.P(MD)No.2627 of 2024 Dated:

08.02.2024 4/4