Karumalai.S v. The District Collecto

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2022

CORAM:

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

1.The District Collector, District Collector Office, 2.The Special Tahsildar, Adidravidar Welfare Department (Land Acquisition) Unit 2, District Collector Office, 3.The Tahsildar, Madurai North, ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent to survey, demarcate the boundaries of the petitioner's properties situated in Survey No.121 U.D.R. Survey No.24/1, Plot No.85, Gandhi Nagar, Oormechikulam Village, Madurai North Taluk, Madurai District, by considering the petitioner's representation dated 07.04.2022.

For Petitioner : Mr.R.L.Dhilipan Pandian 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 third respondent to survey, demarcate the boundaries of the petitioner's property situated in Survey No.121 U.D.R. Survey No.24/1, Plot No.85, Gandhi Nagar, Oormechikulam Village, Madurai North Taluk, Madurai District, by considering the petitioner's representation dated 07.04.2022, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 07.04.2022, seeking for survey and demarcation of 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. 1/3

3.Heard Mr.R.L.Dhilipan Pandian, 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 07.04.2022 for the said purpose.

5.No prejudice would be caused to the respondents, if the survey and demarcation of the boundaries is done in the presence of the petitioner and any other necessary party, whom the respondents deem fit to put on notice at the time of survey. 6.Accordingly, this Court directs the third respondent to survey and fix the boundaries in the petitioner's property situated in Survey No.121 U.D.R. Survey No.24/1, Plot No.85, Gandhi Nagar, Oormechikulam Village, Madurai North Taluk, Madurai District, after giving notice to the petitioner and any other necessary party, whom the third respondent deems fit to put on notice at the time of survey, 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 (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The District Collector, District Collector Office, 2.The Special Tahsildar, Adidravidar Welfare Department (Land Acquisition) Unit 2, District Collector Office, 2/3

3.The Tahsildar, Madurai North, +1 CC to M/s.R.L.DHILIPAN PANDIAN, Advocate ( SR-20401[F] dated 22/04/2022 ) +1 CC to M/s.SPL.GP ( SR-21038[F] dated 25/04/2022 ) ORDER MADE IN 21.04.2022 RS(11.05.2022) 3P-6C 3/3