Veeraiah v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE M.Veeraiah ... Petitioner /Vs./ 1.The District Collector, Madurai District, Madurai.

2.The District Surveyor, Collectorate, Madurai.

3.The Tahsildar, Melur Taluk, Melur, Madurai District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 2nd respondent to conduct the proper survey the petitioner's property to an extent of 0.02.23.0 Ares in S.No.596/9 in Patta No.554 in Keelaiyur revenue Village, Melur Taluk, Madurai District with following procedure and fixed the G-Line and 'F' Line and further fix the four boundaries and laid the measurement stones in S.No.596/9 in Keelaiyur revenue Village, Melur Taluk, Madurai District based on the petitioner's representation dated 16.03.2022 within a time frame as fixed by this Court.

For Petitioner : Mr.G.Thaveethu For Respondents : Mr.D.Sasikumar, Additional Government Pleader.

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to survey the petitioner's property to an extent of 0.02.23.0 Ares in S.No.596/9 in Patta No.554 in Keelaiyur revenue Village, Melur Taluk, Madurai District by following the procedure and fix the G-Line and 'F' Line and further, fix the four boundaries and lay the measurement stones in S.No.596/9 in Keelaiyur revenue Village, Melur Taluk, Madurai District based on the petitioner's representation dated 16.03.2022, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 16.03.2022 seeking for survey and demarcation of boundaries in respect of the aforementioned property, which he claims that it belongs to him absolutely and it is his ancestral property. Since the said representation has not been considered 1/3

till date, this writ petition has been filed. 3.Heard Mr.G.Thaveethu, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional 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 16.03.2022 for the said purpose.

5.The learned Additional Government Pleader appearing for the respondents, on instructions, would submit that already survey has been done and the petitioner is not satisfied with such survey. Therefore, the petitioner wants to re-survey the aforementioned property.

6.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. 7.Accordingly, this Court directs the third respondent to survey and fix the boundaries in the petitioner's property to an extent of 0.02.23.0 Ares in S.No.596/9 in Patta No.554 in Keelaiyur revenue Village, Melur 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.

8.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To:

1.The District Collector, Madurai District, Madurai.

2.The District Surveyor, Collectorate, Madurai.

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3.The Tahsildar, Melur Taluk, Melur, Madurai District.

+1 CC to M/s.SPL.GP. ( SR-21242[F] dated 26/04/2022 ) +1 CC to M/s.G. THAVEETHU, Advocate ( SR-21541[F] dated 27/04/2022 ) 25.04.2022 RD(17.05.2022) 3P 6C 3/3