Madras High CourtWP(MD)/7060/2022disposed of

Perumal v. The District Collector

2022-04-13Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Perumal ... Petitioner /Vs./ 1.The District Collector, Tenkasi District, Tenkasi.

2.The Superintendent of Police, Tenkasi District, Tenkasi.

3.The Tahsildar, Tenkasi District, Tenkasi.

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

5.The Village Administrative Officer, Balapathiraramanapuram Village, V.K.Pudur Taluk, Tenkasi District.

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

7.Kasipandi 8.Paramashivan 9.Samydurai 10.Velladurai 11.Ramalakshmi 12.Manithai 12.Akilandesawari 14.Murugan 15.Marimuthu 16.Malliga 17.Velladurai 18.Shanmugathai 19.Jodhika ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 4th respondent to survey the lands in S.No.701/10, to an extent of 1 Acre, 47 1⁄2 1/3

cents, 0.60.00 hectare of Balapathiraramapuram Village, Alangulam Taluk, Tenkasi District with the help of 6th respondent on the basis of the petitioners representation dated 04-04-2022. For Petitioner : Mr.R.Chandrasubramanian For R1 to R6 : Mrs.S.Jeyapriya Government Advocate

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the fourth respondent to survey the lands in S.No.701/10, measuring an extent of 1 Acre, 47 1⁄2 cents, 0.60.00 hectare of Balapathiraramapuram Village, Alangulam Taluk, Tenkasi District, with the help of 6th respondent, on the basis of the petitioner's representation dated 04-04-2022, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the official respondents on 04.04.2022 seeking for survey and demarcation of boundaries in respect of the aforementioned property, which he claims that it belongs to him and his siblings absolutely. Since the said representation has not been considered till date, this writ petition has been filed.

3.Heard Mr.R.Chandrasubramanian, learned Counsel for the writ petitioner and Mrs.S.Jeyapriya, learned Government Advocate who accepts notice on behalf of the official respondents. 4.The petitioner has produced documents in support of his case that the aforementioned property is owned by him and his siblings. He has sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 04.04.2022 for the said purpose. 5.No prejudice would be caused to the official respondents, if the representation of the petitioner dated 04.04.2022 is considered on merits and in accordance with law, after affording a fair hearing to the petitioner, the private respondents herein as well as the rival claimants, if any.

6.Accordingly, this Court directs the third respondent with the assistance of the fourth respondent to survey and fix the boundaries in the petitioner's lands in S.No.701/10, measuring an extent of 1 Acre, 47 1⁄2 cents, 0.60.00 hectare of Balapathiraramapuram Village, Alangulam Taluk, Tenkasi District, after giving notice to the petitioner, the private respondents herein 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 sixth respondent police for the purpose of 2/3

conducting survey and demarcation of the petitioner's lands. 7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To 1.The District Collector, Tenkasi District, Tenkasi. 2.The Superintendent of Police, Tenkasi District, Tenkasi. 3.The Tahsildar, Tenkasi District, Tenkasi.

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

5.The Village Administrative Officer, Balapathiraramanapuram Village, V.K.Pudur Taluk, Tenkasi District.

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

+1 CC to M/s.SPL.GP. ( SR-19172[F] dated 18/04/2022 ) +1 CC to M/s.R. CHANDRA SUBRAMANIYAN, Advocate ( SR-19085[F] dated 18/04/2022 ) 13.04.2022 RD(25.04.2022) 3P 9C 3/3