Madras High CourtWP(MD)/5117/2022disposed of

Dharmarajan.N v. The District Collector

2022-03-23Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE N.Dharmarajan ... Petitioner /Vs./ 1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Vedasanthur, Dindigul District.

3.The Taluk Surveyor, Tahsildar Office, Vedasanthur, Dindigul District.

4.The Firka Surveyor Vadamadurai Circle, Vedasanthur Taluk, Dindigul District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 2nd and 3rd respondents to survey the land in Survey Nos.801/1, 802/1, 805/3, 818, 971/1C at Thennampatti Village, Vedasanthur Taluk, Dindigul District by considering petitioner's representation dated 24.09.2021 by giving notice to the parties concerned within a stipulated time.

For Petitioner : Mr.M.Jegadeesh Pandian For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to survey the land in Survey Nos.801/1, 802/1, 805/3, 818, 971/1C at Thennampatti Village, Vedasanthur Taluk, Dindigul District by considering the petitioner's representation dated 24.09.2021 by giving notice to the parties concerned, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 24.09.2021 seeking for survey and demarcation of 1/3

boundaries in respect of the aforementioned property, which he claims that it belongs to him absolutely. Since the said representation has not been considered till date, this writ petition has been filed.

3.Heard Mr.M.Jegadeesh Pandian, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader who accepts notice on behalf of the respondents. 4.The petitioner has produced documents in support of his case that he is the owner of the aforementioned property. He has sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 24.09.2021 for the said purpose.

5.No prejudice would be caused to the respondents, if the representation of the petitioner dated 24.09.2021 is considered on merits and in accordance with law, after affording a fair hearing to the petitioner as well as the rival claimants, if any. 6.Accordingly, this Court directs the third and fourth respondents to survey and fix the boundaries in the petitioner's property bearing Survey Nos.801/1, 802/1, 805/3, 818, 971/1C at Thennampatti Village, Vedasanthur Taluk, Dindigul District, after giving notice to the petitioner and the rival claimants, if any, within a period of twelve [12] weeks from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To 1.The District Collector, Dindigul District, Dindigul.

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2.The Tahsildar, Vedasanthur, Dindigul District.

3.The Taluk Surveyor, Tahsildar Office, Vedasanthur, Dindigul District.

4.The Firka Surveyor Vadamadurai Circle, Vedasanthur Taluk, Dindigul District.

+1 CC to M/s.M.JEGADEESHPANDIAN, Advocate ( SR-13704[F] dated 23/03/2022 ) +1 CC to M/s.M.JEGADEESHPANDIAN, Advocate ( SR-14707[F] dated 25/03/2022 ) +1 CC to M/s.SPL GP ( SR-14489[F] dated 25/03/2022 ) order made in Dated:

23.03.2022 KG(CO) KP(04.04.2022) 3P 8C 3/3