Madras High CourtWP(MD)/6463/2022disposed of

Amalraj v. The District Collector

2022-04-07Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Amalraj .. Petitioner Vs 1.The District Collector, Office of the District Collector, Sivagangai District.

2.The Tahsildar, Office of the Tahsildar, Land Survey Department, Kalaiyarkovil Taluk, Sivagangai District.

3.The Assistant Director, Survey Department, Office of the District Collector, Sivagangai District.

4.The Deputy Inspector, Survey Department, Taluk Office, Kalaiyarkovil Circle, Sivagangai District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondents to survey the petitioners land in Survey Number.456/4, Usilankanmai Village, Karunthani Variyenthal Group, Kalaiyarkovil Taluk, Sivagangai District, by considering the petitioner's representation, dated 10.03.2022, in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.S.Rameshkumar For Respondents : Mr.M.Lingadurai Special 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 Number.456/4, Usilankanmai Village, Karunthani Variyenthal Group, Kalaiyarkovil Taluk, Sivagangai District, on the basis of the petitioner's representation, dated 10.03.2022, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 10.03.2022 seeking for survey and demarcation of 1/3

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.S.Rameshkumar, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader who accepts notice on behalf of the respondents. 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 10.03.2022 for the said purpose.

5.No prejudice would be caused to the respondents, if the representation of the petitioner dated 10.03.2022 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 respondents 2 to 4 to survey and fix the boundaries in the petitioner's land in Survey Number.456/4, Usilankanmai Village, Karunthani Variyenthal Group, Kalaiyarkovil Taluk, Sivagangai 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. 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 COVID19 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, Office of the District Collector, Sivagangai District.

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2.The Tahsildar, Office of the Tahsildar, Land Survey Department, Kalaiyarkovil Taluk, Sivagangai District. 3.The Assistant Director, Survey Department, Office of the District Collector, Sivagangai District. 4.The Deputy Inspector, Survey Department, Taluk Office, Kalaiyarkovil Circle, Sivagangai District. +1 CC to M/s.S. RAMESH KUMAR, Advocate ( SR-17329[F] dated 07/04/2022 ) +1 CC to M/s.SPL.GP ( SR-17505[F] dated 08/04/2022 ) 07.04.2022 NSN(CO) KB(20.04.2022) 3P 7C 3/3