K.Goindan v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2019
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.14280 of 2019 K.Govindan
...Petitioner
-Vs1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Tahsildar, Taluk Office, Srivilliputhur Town, Virudhunagar District.
3.The Firka Surveyor, Srivilliputtur Firka, Taluk Office, Srivilliputtur Town, Virudhunagar District.
4.K.Kandhayan ... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the 2nd respondent to conduct survey of the properties comprised in Survey No.158/1A2 and S.No.158/1B in Singammalpuram village, Srivilliputtur Taluk and to fix boundaries stone to the petitioner's property in S.No.158/1A2 of Singammalpuram Village, Srivilliputtur Taluk. For Petitioner : Mr.M.Thirunavukkarasu For Respondents : Mr.V.Anand, GA for RR1 to 3
ORDER
The prayer in this writ petition is for a Writ of Mandamus, directing the 2nd respondent to conduct survey of the properties comprised in Survey No.158/1A2 and S.No.158/1B in Singammalpuram village, Srivilliputtur Taluk and to fix boundaries stone to the petitioner's property in S.No.158/1A2 of Singammalpuram Village, Srivilliputtur Taluk.
2.Heard Mr.M.Thirunavukkarasu, the learned counsel appearing for the petitioner and Mr.V.Anand,, learned Government Advocate appearing for the respondents 1 to 3. Since no adverse order is going to be passed against the 4th respondent, notice to him is dispensed with.
3.The grievance of the petitioner is that the petitioner is having land at S.No.158/1A2 at Singammalpuram village, Srivilliputtur Taluk. The adjacent land i.e at S.No.158/1B belongs to the 4th respondent and since there is dispute with regard to boundaries between the petitioner and the 4th respondent, the petitioner approached the 2nd respondent by giving representation on 21.05.2019 to measure the land and identify the boundaries. In this regard, the learned counsel appearing for the petitioner would submit that if the said representation is considered and both the lands are measured and boundaries are identified, the petitioner would be satisfied.
4.I have heard the learned Government Advocate, who would submit that as requested by the petitioner through his representation dated 21.05.2019, needful would be done by giving notice to the petitioner as well as the 4th respondent, within a time frame.
5.Considering the limited scope of the prayer sought for in this writ petition, this Court is inclined to pass the following order, with the consent of both the parties, at the stage of admission itself:
The 2nd respondent is hereby directed to consider the representation of the petitioner dated 21.05.2019 and do the needful for measuring the land belongs to the petitioner as well as the 4th respondent, who is his neighbour, by giving notice to both the petitioner as well as the 4th respondent and after completing the survey, necessary orders to that effect shall be passed by the 2nd respondent, within a period of eight weeks from the date of receipt of a copy of this order."
6.With this direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar (AD II) // True Copy // Sub Assistant Registrar(CS) To 1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Tahsildar, Taluk Office, Srivilliputhur Town, Virudhunagar District.
3.The Firka Surveyor, Srivilliputtur Firka, Taluk Office, Srivilliputtur Town, Virudhunagar District.
+1 CC to M/s.M.THIRUNAVUKKARASU, Advocate ( SR-71403[F] dated 26/06/2019 ) +1 CC to M/s.SPL GP ( SR-71793[F] dated 27/06/2019 ) W.P.(MD)No.14280 of 2019 Dated:
26.06.2019 ARUL KK/SAR/11.07.2019/3P-6C