Madras High CourtWP(MD)/7098/2022disposed of

Sivasankar.S v. The District Collector

2022-04-18Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.Sivasankar ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, 3.The Head Taluk Surveyor, ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 2 and 3 to survey the petitioner's properties situated in Survey No.143/1A & 143/1D to an extent of 1 acre 32 cents situated at Kinnimangalam Village, Thirumangalam Taluk, Madurai District on the basis of the petitioner's representation dated 04.04.2022. For Petitioner : Mr.S.Mahendrapathy For Respondents : Mr.M.Lingadurai Special Government Pleader

O R D E R

This writ petition has been filed for a Mandamus seeking for a direction to the 2 and 3 respondents to survey the petitioner's properties situated in Survey No.143/1A & 143/1D, measuring an extent of 1 acre 32 cents situated at Kinnimangalam Village, Thirumangalam Taluk, Madurai District, based on the petitioner's representation dated 04.04.2022.

2.The petitioner has submitted a representation to the respondents on 04.04.2022, seeking for survey and demarcation of boundaries in respect of the aforementioned properties 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.

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3.Heard Mr.S.Mahendrapathy, 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 properties. 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 second respondent if the representation of the petitioner dated 04.04.2022 is considered on merits and in accordance with law after hearing the petitioner as well as any other party whom the second respondent deems fit to put on notice.

6.Accordingly, this Court directs the second respondent to survey and fix the boundaries in the petitioner's properties situated in Survey No.143/1A & 143/1D, measuring an extent of 1 acre 32 cents situated at Kinnimangalam Village, Thirumangalam Taluk, Madurai District, after giving notice to the petitioner and any other party whom the second respondent deems fit to put on notice, 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 (W) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To 1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, 2/3

3.The Head Taluk Surveyor, +1 CC to M/s.SPL.GP ( SR-19358[F] dated 19/04/2022 ) 18.04.2022 SG(CO) KB(02.05.2022) 3P 5C 3/3