← Library
Madras High CourtWP(MD)/17707/2018disposed of

E.Murugan, S/O Erulappan, v. The District Collector

2018-08-10Honourable Mr Justice V. Parthiban3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.17707 of 2018 E.Murugan ... Petitioner vs.

1. The District Collector Madurai District, Madurai

2. The Thasildar Thiruparankundram Taluk Madurai District

3. The District Surveyor Collectorate Campus, Madurai

4. The Taluk Surveyor Thiruparankundram Taluk Madurai District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents herein to measure the property Sy.No.113/2A2, with an extent of 0.2.50; Sy.No.113/2B2, with an extent of 0.2.50; and Sy.No.113/2D1 with an extent of 0.3.50 respectively and demarcate the boundaries of the petitioner's property by fixing the boundaries within a stipulated time.

For Petitioner :

Mr.V.Raghavachari For Respondents :

Mr.A.Muthukaruppan Additional Government Pleader

O R D E R

According to the petitioner, he is owner of the property comprised in Survey Nos.113/2A2, 113/2B2 and 113/2D1 of Thenpazhanji Village, Thirupparankundram Taluk, Madurai District, having purchased the same under a registered sale deed dated 19.11.1984. From the date of purchase, the petitioner is in absolute possession and enjoyment of the property. The petitioner has also been issued with a Patta bearing No.556 for the said property during 1989. The petitioner, in order to demarcate the boundaries of the property, submitted representations to the

respondents on 05.03.2018 and 20.03.2018 and paid necessary fees for conduct of survey of the property under his possession. However, according to the petitioner, no steps have been initiated by the respondents till date and therefore, he is before this Court.

2. Mr.A.Muthukaruppan, learned Additional Government Pleader, takes notice for the respondents. He would submit that he has no objection, if any direction is issued to the respondents to consider the representations submitted by the petitioner.

3. In the light of the submissions made by the learned counsels, the following directions are issued: i.

The respondents 2 to 4 are directed to measure the property, comprised in Survey Nos.113/2A2, 113/2B2 and 113/2D1 of Thenpazhanji Village, Thirupparankundram Taluk, Madurai District, demarcate the boundaries of the same and file a report on such survey being undertaken.

ii. It is made clear that the respondents 2 to 4 shall cause notice to any parties, who may be interested in the subject property, before surveying the property.

iii.Such an exercise shall be completed by the respondents 2 to 4 within a period of four weeks from the date of receipt of a copy of this order.

4. With the above directions, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-I) To:

1. The District Collector, Madurai District, Madurai.

2. The Thasildar, Thiruparankundram Taluk, Madurai District.

3. The District Surveyor, Collectorate Campus, Madurai.

4. The Taluk Surveyor, Thiruparankundram Taluk, Madurai District.

+1cc to Mr.V.Raghavachari, Advocate Sr.No.77973 +1cc to Spl.Government Pleader Sr.No.78158 KRK VB/RP/SAR1/30.08.2018/3P/7C W.P.(MD) No.17707 of 2018 10.08.2018