Natarajan .R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition(MD)No.2878 of 2024 R.Natarajan ... Petitioner -Vs1.The District Collector, Madurai District.

2.The Tahsildar, Taluk Office, Madurai South, Madurai District.

3.The Surveyor, Tahsildar Office, Madurai South, Madurai District.

... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus to direct the 3rd respondent to survey and fix the boundary marks of the petitioner's land in Patta No.1547, Housing Plot No.3 in V.N.R.Nagar with the total extent of 2100 sq.ft situated at Re.Sy.No.7/34 in Melamadai Village, 1st Bit, Madurai North Taluk, Madurai District, based on the petitioner's application dated 29.12.2023.

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For Petitioner : Mr.G.Muthukannan For Respondents : Mr.D.Gandhi Raj Spl. Govt. Pleader

ORDER

This writ petition is filed seeking for issuance of a Writ of Mandamus to direct the 3rd respondent to survey and fix the boundary marks of the petitioner's land in Patta No.1547, Housing Plot No.3 in V.N.R.Nagar with the total extent of 2100 sq.ft situated at Re.Sy.No.7/34 in Melamadai Village, 1st Bit, Madurai North Taluk, Madurai District, based on the petitioner's application dated 29.12.2023.

2. Mr.D.Gandhi Raj. learned Special Government Pleader takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3.The learned counsel for the petitioner would submit that on 29.12.2023 the petitioner has given an application to the respondents to survey and fix boundaries of his land. However, the respondents have not consider the same. Hence, the petitioner has come before this Court. He would further submit that it would suffice if the application of the petitioner 2/5

is disposed of by the respondents, on merits and in accordance with law within the time stipulated by this Court.

4.Considering the limited scope of the prayer sought for by the petitioner, without going into the merits of the matter, this Court directs the respondents to consider the petitioner's application dated 29.12.2023 and after issuing notice and affording an opportunity to the parties concerned, conduct survey in their presence and fixing the four boundaries of the petitioner's property and pass orders in accordance with law and communicate the decision taken by the respondents to the petitioner and others concerned. Such exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition stands disposed of. No costs.

12.02.2024 NCC : Yes/No Index : Yes/No Internet : Yes skn 3/5

To 1.The District Collector, Madurai District.

2.The Tahsildar, Taluk Office, Madurai South, Madurai District.

3.The Surveyor, Tahsildar Office, Madurai South, Madurai District.

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V.BHAVANI SUBBAROYAN, J.

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