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Madras High CourtWP(MD)/6004/2021disposed of

Elumalai v. The Dist Collector

2023-10-16Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.6004 of 2021 Elumalai

...Petitioner

/Vs./ 1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Tahsildar Office, Thirupparankumdram Taluk, Madurai District.

3.The Head Surveyor, Tahsildar Office, Thirupparankumdram Taluk, Madurai District.

....Respondents PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of mandamus directing the respondents to survey and fix the boundary stones of petitioner's land in Survey Nos.350/5, 350/11, 350/12, 350/13, 331/2 and 331/3 situated at Alagapuri Village, Mallanampati Post, Batlagundu, Nilakottai Taluk, Dindigul District by considering the petitioner's representation dated 20.10.2020 within a time frame stipulated by this Hon'ble Court.

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For Petitioner : Mr.R.Manoharan For Respondents : Mr.K.S.Selvaganesan, Addl. Government Pleader.

ORDER

This writ petition has been filed for issuance of writ of mandamus directing the respondents to consider the representation made by the petitioner on 20.10.2020, wherein the petitioner is seeking survey of the subject property and for fixing the boundary stones.

2. The learned Additional Government Pleader, on instructions, submitted that the representation given by the petitioner is not traceable in the office of the 2nd and 3rd respondents. Therefore, it was submitted that the petitioner can be directed to make a fresh representation to the 2nd and 3rd respondents and that the same will be considered and will be acted upon in accordance with law.

3. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the petitioner to make a fresh application to the 2nd respondent seeking for survey of the property to fix the boundary stones. Necessary fee shall also be paid by the 2/4

petitioner in this regard. The second respondent shall consider the application and if there are any rival claims, they shall also be put on notice and thereafter, a decision shall be taken to survey the subject property. This process shall be completed by the 2nd respondent within a period of six weeks from the date of receipt of the fresh application from the petitioner.

4. This writ petition is disposed in the above terms. No costs. 16.10.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No sm 3/4

N.ANAND VENKATESH, J.

sm TO:- 1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Tahsildar Office, Thirupparankumdram Taluk, Madurai District.

3.The Head Surveyor, Tahsildar Office, Thirupparankumdram Taluk, Madurai District.

Order made in W.P.(MD)No.6004 of 2021 Dated:

16.10.2023 4/4