Captain S. Surulivel (Rtd.,) v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Captain S.Surulivel ... Petitioner /Vs./ 1.The District Collector, Madurai, Madurai District.
2.The Tahsildar, Madurai East Taluk, Madurai District.
.. Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to measure the property in Survey No.38/72 & 38/73, measuring to an extent of 3 1⁄2 cents situated at Karuppayoorani Village, Melamadai Revenue Group, Madurai East Taluk, as per the representation made by the petitioner, dated 08.03.2022, within the time limit prescribed by this Court.
For Petitioner : Mr.K.C.Ramalingam For Respondent : Mr.D.Sasikumar Additional 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 No.38/72 & 38/73, measuring to an extent of 3 1⁄2 cents situated at Karuppayoorani Village, Melamadai Revenue Group, Madurai East Taluk, on the basis of the petitioner's representation, dated 08.03.2022, within a time frame to be fixed by this Court. 2.The petitioner has submitted a representation to the respondents on 08.03.2022 seeking for survey and demarcation of 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.K.C.Ramalingam, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader who accepts notice on behalf of the respondents. 1/3
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 08.03.2022 for the said purpose.
5.No prejudice would be caused to the respondents, if the representation of the petitioner dated 08.03.2022 is considered on merits and in accordance with law, after hearing the petitioner as well as the rival claimants, if any.
6.Accordingly, this Court directs the second respondent to survey and fix the boundaries in the petitioner's land in Survey No.38/72 & 38/73, measuring to an extent of 3 1⁄2 cents situated at Karuppayoorani Village, Melamadai Revenue Group, Madurai East Taluk, after giving notice to the petitioner and 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) TM NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The District Collector, Madurai, Madurai District.
2.The Tahsildar, Madurai East Taluk, Madurai District.
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+1 CC to M/s.K.C.RAMALINGAM, Advocate ( SR-15787[F] dated 31/03/2022 ) +1 CC to M/s.SPL GP ( SR-16107[F] dated 01/04/2022 ) order made in Dated:
31.03.2022 PA(08.04.2022) 3P 5C 3/3