Murugan Enamuthu Konar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Murugan Enamuthu Konar ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Nanguneri Taluk, Tirunelveli District.

3.The Head Surveyor, Taluk Office, Nanguneri Taluk, Tirunelveli District.

4.Rukkumani ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1/5

respondents to survey the petitioner's properties and fix boundary stones in respect of Survey No. 514/1 to an extent of 653.4 sq.ft situate at Kodhaiseri Village, Nanguneri Taluk, Tirunelveli District based on the petitioner's representation dated 26.12.2023 within a time stipulated by this Court.

For Petitioner : Mr.S.Kishore Kumar for Mr.A.Arumugam For Respondents : Mr.M.Lingadurai Special Government Pleader for R.1 to R.3

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for the official respondents. Considering the nature of relief to be granted, issuance of notice to the fourth respondent is dispensed with.

2. The petitioner seeks conducting of survey and earmarking the boundaries in respect of 11⁄2 cents of land in the petition mentioned survey number. I am not in a position to issue the usual directions. This is because there is no individual patta standing in the name of the 2/5

petitioner. The petitioner is therefore permitted to submit a proper application before the second respondent. As and when such an application is filed before the second respondent, the same will be enquired into and an appropriate order on merits and in accordance with law will be passed by him. Notice will be issued to all the interested parties before passing final order. Of course, as a part of sub divisioning and issuance of patta, survey also shall be conducted by the second respondent.

3. The learned counsel appearing for the petitioner states that such an application shall given before the second respondent within a period of three weeks from the date of receipt of a copy of this order. The entire exercise shall be completed within four months after receipt of application from the petitioner herein. I make it clear that I have not gone into the merits of the matter. The second respondent will put on notice all the interested parties including the private respondent herein before passing final order.

3/5

4. This writ petition is disposed of accordingly. There shall be no order as to costs.

27.02.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Nanguneri Taluk, Tirunelveli District.

3.The Head Surveyor, Taluk Office, Nanguneri Taluk, Tirunelveli District.

4/5

G.R.SWAMINATHAN, J.

MGA 27.02.2024 5/5