Karuppasamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI Karuppasamy .... Petitioner /Vs./ 1.The District Collector, Ramanathapuram, Ramanathapuram District.
2.The Tahsildar, Office of the Taluk Office, Kamuthi Taluk, Ramanathapuram District.
3.The Head Surveyor, Office of the Taluk Office, Kamuthi Taluk, Ramanathapuram District.
4.The Inspector of Police, Kamuthi Police Station, Ramanathapuram District.
5.Shanmugavel ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 and 3 to survey 1/5
and demarcate the petitioner's landed properties Survey No.308/2A1A to an extent of 12 cents and situated Ramasamypatti Village, Kamuthi Taluk, Ramanathapuram District on the basis of the petitioner's representation dated 20.12.2024 after given necessary opportunity to the parties concerned within the time frame as fixed by this Court. For Petitioner : Mr.B.Arun For R1 to R3 : Mr.M.Lingadurai Special Government Pleader For R4 : Mr.S.Prakash Government Advocate (Crl.side)
ORDER
The petitioner seeks issuance of a Writ of Mandamus to direct the respondents 2 and 3 to survey and demarcate the petitioner's property.
2. I have heard the learned counsel appearing for the petitioner, M.Lingadurai, learned Special Government Pleader appearing for the respondents 1 to 3 and Mr.S.Prakash, learned Government Advocate(Crl.side) appearing for the fourth respondent.
3. The grievance of the petitioner is that the petitioner has purchased the subject lands in and by the sale deed, dated 08.11.2024 and 2/5
thereafter, on 20.12.2024 he has made an application to the respondents 2 & 3 to conduct a survey and demarcate the boundaries. The petitioner also says that the fifth respondent, his adjacent neighbour is attempting to encroach into the petitioner's properties and therefore, the petitioner has sought for the survey on 20.12.2024. The petitioner only seeks expeditious disposal of his application for survey.
4. The learned Government Advocate (Crl.side) appearing for the fourth respondent would submit that as against the petitioner's vendor a case in Cr.No.339 of 2024 is pending. However, he would fairly submit that there is no case registered against the petitioner.
5. Considering the above, the writ petition is disposed of in the following manner:- i) The respondents 2 & 3 shall conduct a survey based on the petitioner's representation dated 20.12.2024 after giving an advance intimation to the fourth respondent, who shall ensure that adequate police production is made available to the respondents 2 and 3 at the time of survey to prevent any law and order issue arising. The said exercise shall 3/5
be concluded within a period of eight weeks from the date of receipt of a copy of this order. No costs.
Index : Yes / No NCC : Yes / No 03.03.2025 am To 1.The District Collector, Ramanathapuram, Ramanathapuram District.
2.The Tahsildar, Office of the Taluk Office, Kamuthi Taluk, Ramanathapuram District.
3.The Head Surveyor, Office of the Taluk Office, Kamuthi Taluk, Ramanathapuram District.
4.The Inspector of Police, Kamuthi Police Station, Ramanathapuram District.
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P.B. BALAJI , J.
am Order made in Dated:
03.03.2025 5/5