← Library
Madras High CourtWP(MD)/5891/2022disposed of

Murugan. M @ Murugesan v. The District Collector

2022-04-01Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE M.Murugan @ Murugesan ... Petitioner Vs.

1.The District Collector, Tenkasi District, Tenkasi.

2.The Tahsildar, V.K.Pudur Taluk, Tenkasi District.

3.The Taluk Surveyor, V.K.Pudur Taluk, Tenkasi District.

4.The Inspector of Police, Uthumalai Police Station, Tenkasi District.

5.S.Muthuletchumi 6.S.Ramesh ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent to survey the land in 18 cents of S.F.No.5/1F and well in S.No.5/1C to an extend of 1/3rd of house property in Natham S.No.35/7E, Rukkumaniyammalpuram, V.K.Pudur Taluk, Tenkasi District with the help of fourth respondent on the basis of the petitioner's representation dated 14.03.2022.

For Petitioner : Mr.M.Sankar For Respondents 1 to 4 : Mr.D.Sasikumar Additional Government Pleader

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the the third respondent to survey the land in 18 cents of S.F.No.5/1F and well in S.No.5/1C to an extent of 1/3rd of house property in Natham S.No.35/7E, Rukkumaniyammalpuram, 1/3

V.K.Pudur Taluk, Tenkasi District with the help of fourth respondent on the basis of the petitioner's representation dated 14.03.2022, within a time frame to be fixed by this Court. 2.The petitioner has submitted a representation to the official respondents on 14.03.2022 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.M.Sankar, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader who accepts notice on behalf of the respondents 1 to 4. 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 14.03.2022 for the said purpose.

5.No prejudice would be caused to the respondents if the representation of the petitioner dated 14.03.2022 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 third respondent to survey and fix the boundaries in the petitioner's property in 18 cents of S.F.No.5/1F and well in S.No.5/1C to an extent of 1/3rd of house property in Natham S.No.35/7E, Rukkumaniyammalpuram, V.K.Pudur Taluk, Tenkasi District 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. If required, the third respondent shall seek assistance of the fourth respondent police for the purpose of conducting survey and demarcation of the petitioner's land.

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) MR 2/3

To 1.The District Collector, Tenkasi District, Tenkasi.

2.The Tahsildar, V.K.Pudur Taluk, Tenkasi District.

3.The Taluk Surveyor, V.K.Pudur Taluk, Tenkasi District.

4.The Inspector of Police, Uthumalai Police Station, Tenkasi District.

+1 CC to M/s.SPL GP ( SR-16350[F] dated 04/04/2022 ) ORDER MADE IN 01.04.2022 PA(08.04.2022) 3P 6C 3/3