V.Indian v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2025
CORAM:
THE HON'BLE MR.JUSTICE P.B. BALAJI W.P.(MD).No.3427 of 2025 V.Indian ... Petitioner Vs.
1. The District Collector, Theni District Collector Office, Madurai - Theni Highway Road, Theni - 625 531.
2. The Thasildar, Office of Thasildar, Bodinayakanur, Theni District - 625 513.
3. The Head Surveyor, Office of Thasildar, Bodinayakanur, Theni District - 625 513.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents to survey petitioner's land comprised in 3 acre 77 cents in survey no. 71.5A1A Dombuchery Village, Bodi Taluk, Theni District. 1/4
For Petitioner : Mr.N.Vallinayagam For Respondents : Mr.C.Satheesh Government Advocate
ORDER
Mr.C.Satheesh, learned Government Advocate takes notice notice on behalf of the respondents.
2. Considering the limited relief sought for in the writ petition, with the consent of the parties, the writ petition itself is taken up for final disposal.
3. The petitioner seeks issuance of a writ of mandamus to direct the respondents to survey his land measuring to an extent of 3 acre 77 cents of land comprised in S.No.71.5A1A at Dombuchery Village, Bodi Taluk, Theni District.
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4. I find that though the petitioner has averred in the affidavit that he is owning 30 cents being situated in the western portion of 3 acre 77 cents, as rightly pointed out by the learned Government Advocate for the respondents, the only document that has been produced in support of the petitioner's claim is Joint Patta No.982-1 and even the said patta stands in the name of the petitioner's grand father namely Ramaiah Thevar along with six other co-owners. There is no document to evidence the entitlement of the petitioner to an extent of land in the entire extent of 3 acre 77 cents comprised in S.No.71.5A1A at Dombuchery Village, Bodi Taluk, Theni District.
5. Therefore, I am unable to accept the request of the petitioner to issue a writ of mandamus seeking a direction to the respondents to conduct a survey and to determine the boundary lines of the lands comprised in S.No.71.5A1A at Dombuchery Village, Bodi Taluk, Theni District. Hence, the writ petition cannot be entertained. However, it is open to the petitioner to make a fresh application with the relevant documents to satisfy the entitlement to any particular extent of land in the said extent of 3 acre 77 cents of land comprised in S.No.71.5A1A at Dombuchery Village, Bodi Taluk, Theni District 3/4
P.B.BALAJI , J.
rgm
6. With the above liberty, the writ petition stands dismissed. No costs.
06.02.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm To
1. The Principal Secretary to Government, Revenue and Disaster Management, Survey and Settlement Wing, SS-(1) Section, Secretariat, Chennai - 600 009.
2. The Commissioner of Land Administration, Office of the Commissions of Land Administration, Ezhilagam, Chepauk, Chennai - 600 088.
3. The District Collector, Office of the District Collector, Sivagangai District.
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