Thangavel v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI Thangavel .... Petitioner /Vs./ 1.The District Collector, Ramanathapuram District.
2.The Tahsildar, Kadaladi Taluk, Kadaladi, Ramanathapuram District.
3.The Surveyor, Taluk Office, Kadaladi Taluk, Kadaladi, Ramanathapuram District.
... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second and third respondents herein to survey the property and fix boundaries in respect of the lands bearing S.No.166/3G1C2 situated at Orivayal Village, Maranthai Post, Kadaladi Taluk, Ramanathapuram District as per the proceedings of the first respondent in Na.Ka.No.A8/4603/2024 dated 03.12.2024. 1/6
For Petitioner : Mr.K.Ramar For Respondents : Mr.M.Lingadurai Special Government Pleader
ORDER
The writ petitioner has sought for issuance of a Writ of Mandamus directing the respondents 2 and 3 to survey the petitioner's property and fix the boundaries.
2. Considering the limited scope of the prayer sought for in this writ petition, with the consent of the parties, the writ petition itself is taken up for final disposal.
3. I have heard the learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader appearing for the respondents.
4. The petitioner's grievance is that, despite his application for survey made on 20.08.2024 and also in view of the fact that the petitioner has already been granted patta, the respondents are not coming 2/6
forward to conduct a survey based on the petitioner's application 20.08.2024.
5. Howeever, Mr.M.Lingadurai, learned Special Government Pleader appearing for the respondents submit that there is a correction in the FMB and unless the said corrections are carried out, survey would not be possible. He further submit that the neighbour one Krishnan is also objecting to the survey being conducted based on the petitioner's application.
6. Considering the respective contentions advanced by the counsel on either side, I deem it fit to pass the following order:- (i) The petitioner shall make an application to the Revenue Divisional Officer, Kadaladi, Ramanathapuram District seeking for corrections of the FMB within a period of two weeks from the date of receipt of a copy of this order.
(ii) There upon the Revenue Divisional Officer, Kadaladi, Ramanathapuram District shall pass orders within a period of four weeks 3/6
on the said application for corrections of the FMB after getting necessary instructions from the second respondent.
(iii) On corrections being effected by the Revenue Divisional Officer, Kadaladi, Ramanathapuram District in the FMB sketch, the respondents 2 & 3 shall survey the petitioner's property and demarcate the boundaries based on the application of the petitioner dated 20.08.2024, within a period of eight weeks thereafter. (iv) Before conducting the survey, the respondents 2 & 3 shall give an advance notice to the objector Mr.Krishnan, the owner of the neighbouring property and shall allow him to participate. (v) In the event of the respondents 2 & 3 apprehending any breach of peace, it shall be open to them to approach the jurisdiction police station and seeks police protection, it shall be granted by the police officials on the request made by the official respondents 2 & 3. '
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7. In the above terms, the writ petition is disposed of. No costs.
Index : Yes / No NCC : Yes / No 18.02.2025 am To 1.The District Collector, Ramanathapuram District.
2.The Tahsildar, Kadaladi Taluk, Kadaladi, Ramanathapuram District.
3.The Surveyor, Taluk Office, Kadaladi Taluk, Kadaladi, Ramanathapuram District.
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P.B. BALAJI , J.
am Order made in Dated:
18.02.2025 6/6