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Madras High CourtWP(MD)/5464/2025allowed

Josaph v. The District Collector

2025-02-28Honourable Mr Justice P.B. Balaji6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2025

CORAM:

THE HON'BLE MR.JUSTICE P.B. BALAJI W.P.(MD).No.5464 of 2025 Josaph ... Petitioner Vs.

1. The District Collector, Office of the District Collector, Virudhunagar District.

2. The Tahsildar, Rajapalayam Taluk Office, Rajapalayam Taluk, Virudhunagar District.

3. The Head Surveyor, Rajapalayam Taluk Office, Rajapalayam Taluk, Virudhunagar District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the 3rd respondents to survey and fix boundary stones with relation to the property comprised in Old Survey No.384/1 & New Survey No.384/19 to an extent of 2.47 cent situated at Door No.46, Valaiyar New Street, Seithur Village, Rajapalayam Taluk, Virudhunagar District., as per the Tamil Nadu Survey & Boundaries Act, 1923, and the Petitioner's gift deed and revenue records on the basis of the Petitioner's representation dated 17.12.2024. 1/6

For Petitioner : Mr.D.Rajaboopathy For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

Mr.M.Lingadurai, learned Special Government Pleader takes notice on behalf of the respondents.

2. The petitioner seeks disposal of his representation dated 17.12.2024 for survey and fixing four boundaries of the petitioner's property.

3. Considering the limited scope of relief sought for in the writ petition, with the consent of the learned counsel on either side, the writ petition is taken up for final disposal.

4. The petitioner claims under a registered gift deed and has only sought for survey and there is no third party interest also involved. Hence, there is no impediment from the authorities to conduct survey and 2/6

fix boundaries. The petitioner has made an application on 17.12.2024 and also paid the requisite fee.

5. Considering the limited relief sought for, the writ petition is allowed with a direction to the 2nd respondent with an assistance of the 3rd respondent to conduct survey based on the petitioner's representation dated 17.12.2024 and pass orders on merits and in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order. No costs.

28.02.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 3/6

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To

1. The District Collector, Office of the District Collector, Virudhunagar District.

2. The Tahsildar, Rajapalayam Taluk Office, Rajapalayam Taluk, Virudhunagar District.

3. The Head Surveyor, Rajapalayam Taluk Office, Rajapalayam Taluk, Virudhunagar District.

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P.B.BALAJI , J.

rgm W.P.(MD).No.5464 of 2025 28.02.2025 6/6