Venkatachalapathy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.5453 of 2023 Venkatachalapathy ... Petitioner vs.

1.The District Collector, Pudukottai District, Pudukottai.

2.The Municipal Surveyor, Pudukottai Municipality, Pudukottai.

3.The Inspector of Police, Ganesh Nagar Police Station, Ganesh Nagar, Pudukottai District.

4.Subramanian ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 and to survey the land belongs to the petitioner in T.S.No.781/2 to an extent of 1471 Sq.ft., of land situated at East 2nd Street, Pudukottai Town, Pudukottai District consequently, to direct the third respondent to provide adequate police protection at the time of conducting survey by the respondents 1 and 2 within a stipulated time fixed by this Court. 1/4

For Petitioner :Mr.K.G.Arunkumar For R1 and R3 :Mr.N.Muthu Vijayan Special Government Pleader For R2 :Mr.S.Kameswaran *****

O R D E R

The Writ Petition has been filed in the nature of a Mandamus seeking a direction to the first and second respondents to survey the land in T.S.No.781/2 measuring 1471 sq.ft., at East 2nd Street, Pudukottai Town, Pudukottai District.

2.Heard Mr.K.G.Arunkumar, learned Counsel for the petitioner, Mr.N.Muthu Vijayan, learned Special Government Pleader for the first and third respondent and Mr.S.Kameswaran, learned Counsel for the second respondent.

3.This Court had directed notice to the fourth respondent but the notice had been returned with an endorsement "no such person". However, the learned Special Government Pleader stated that they are prepared to survey the land in accordance with application given by the 2/4

petitioner herein after giving notice to the contesting respondents. 4.A direction is given to the second respondent to give necessary notice not only to the petitioner but also any every other individual, who may directly or indirectly interested in the said issue and thereafter, proceed to conduct survey. The entire exercise may be completed within a period six weeks from the date of receipt of a copy of this order. 5.The Writ Petition stands disposed of. No costs. Index :Yes / No 11.04.2023 Internet :Yes NCC : Yes/No cmr To 1.The District Collector, Pudukottai District, Pudukottai.

2.The Municipal Surveyor, Pudukottai Municipality, Pudukottai.

3.The Inspector of Police, Ganesh Nagar Police Station, Ganesh Nagar, Pudukottai District.

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C.V.KARTHIKEYAN, J.

cmr Order made in W.P.(MD)No.5453 of 2023 11.04.2023 4/4