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Madras High CourtWP(MD)/5769/2023disposed of

Chinnasamy v. The District Collector

2023-04-20Honourable Mr Justice C.V. Karthikeyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.04.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.5769 of 2023 Chinnasamy ... Petitioner Vs

1. The District Collector, Tenkasi District.

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

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

4. Muthusamy ... Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3rd respondent to survey the land in Natham, S.No. 740/2A11 in Patta no. 1061 of Veeranam, V.K.Pudur Taluk, Tenkasi District on the basis of the petitioner's representation, dated 28.01.2023.

For Petitioner :Mr.R.Chandrasubramaniyan For R1 to R3 :Mr.D.S.Nedunchezhian Government Adovcate 1/4

ORDER

The writ petition had been filed in the nature of mandamus, seeking a direction against the second and third respondents namely the Tahsildhar and the Surveyor of V.K.Pudur Taluk, Tenkasi District, to survey the land in Natham, S.No. 740/2A11 in Patta no. 1061 of Veeranam, V.K.Pudur Taluk, Tenkasi District. The petitioner had given a representation on 28.01.2023.

2.There is a fourth respondent, who is the brother of the petitioner and there seems to be differences between them relating to enjoying of aforementioned property. The petitioner had given a representation and that has been objected by the fourth respondent.

3.A direction is given to the second and third respondents to examine the Patta of said land and make an inspection of the land, after issuing a notice not only to the petitioner, but also to the brother of the petitioner/fourth respondent, thereafter, inspect the said land in their presence and conduct survey. If there are objections, the same may be recorded and a report may be filed as to why the survey could not be done. If there is no 2/4

objection, then proceed to conduct survey. The petitioner is directed to pay necessary charges for conducting survey through online, if not paid earlier. 4.With the above directions, this Writ Petition stands disposed. No costs.

20.04.2023 NCS :Yes/No Index :Yes/No Internet:Yes/No PNM To

1. The District Collector, Tenkasi District.

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

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

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C.V.KARTHIKEYAN, J.

PNM ORDER IN W.P(MD).No.5769 of 2023 20.04.2023 4/4