Madras High CourtWP(MD)/3613/2022disposed of

Sathya Moorthy P v. The District Collector

2022-02-25Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.3613 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.3613 of 2022 P.Sathya Moorthy .. Petitioner Vs 1.The District Collector, Dindigul District.

2.The Tahsildar, Taluk Office, Vedachandur, Dindigul District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to measure the petitioner's property comprised in S.No.322/2 to an extent of 1 acres 37 cents, S.No.322/3 to an extent of 22 cents, S.No.323/2A to an extent of 54 cents, S.No.323/2C to an extent of 1 acre 28 cents and S.No.178/2A to an extent of 2 acre 47 cents situated at Balapatty Village, Vedachanur Taluk, Dindigul District on the basis of representation of the petitioner dated 09.10.2020. For Petitioner : Mr.S.Vellaichamy For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to measure the petitioner's property comprised in S.No.322/2 to an extent of 1 acres 37 cents, S.No.322/3 to an extent of 22 cents, S.No.323/2A to an extent of 54 cents, S.No.323/2C to an extent of 1 acre 28 cents and S.No.178/2A to an extent of 2 acre 47 cents situated at Balapatty Village, Vedachanur Taluk, Dindigul District on the basis of representation of the petitioner dated 09.10.2020.

2. According to the petitioner, he is the absolute owner of the aforementioned property. He has given a representation on 09.10.2020, seeking for survey and demarcation of his boundaries. Since the representation has not been considered till date, he has filed this writ petition.

3.Heard Mr.S.Vellaichamy, learned counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents. 4.No prejudice would be caused to the respondents, if the survey and demarcation of boundaries pertaining to the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.3613 of 2022 aforementioned property is done, in the presence of the petitioner and other rival claimant, if any.

5.Accordingly, this Court directs the second respondent to survey and demarcate the boundaries in respect of the property comprised in S.No.322/2 to an extent of 1 acres 37 cents, S.No.322/3 to an extent of 22 cents, S.No.323/2A to an extent of 54 cents, S.No.323/2C to an extent of 1 acre 28 cents and S.No.178/2A to an extent of 2 acre 47 cents situated at Balapatty Village, Vedachanur Taluk, Dindigul District in the presence of the petitioner and other rival claimant, if any and submit a report accordingly, within a period of twelve (12) weeks from the date of receipt of a copy of this order. It is made clear that the petitioner will have to pay the necessary fees to the respondents for conducting the survey as directed by this Court.

6. With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) tsg Note:In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To 1.The District Collector, Dindigul District.

2.The Tahsildar, Taluk Office, Vedachandur, Dindigul District.

+1 CC to M/s.SPL GP ( SR-8965[F] dated 28/02/2022 ) W.P.(MD)No.3613 of 2022 25.02.2022 NSN(CO) KB(08.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2