Benjamin v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Benjamin ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Trichy District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Lalgudi Division, Trichy.

3.The Tahsildar, Lalgudi Taluk, Trichy District.

4.The Land Surveyor, Office of the Land Surveyor, Lalgudi Taluk, Trichy District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondents herein to conduct survey, measure and fix boundaries of the property in Survey No.345/34 and 179/9C situated at Mahilambadi Village, Lalgudi Taluk, Trichy District, on the basis of the proceedings sent by the 'Assistant Director, Land Survey and Registration Department' to the Respondent No.3 in X.K.M3/19/2021, dated 05.01.2021, in accordance with law, within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.M.Muniyasamy Additional Government Pleader

ORDER

This Writ petition has been filed for the issuance of Writ of Mandamus, directing the respondents to consider the representation made by the petitioner, on 05.11.2020, wherein, the petitioner is seeking for survey of the property and for fixing the boundaries on 1/3

the basis of the proceedings of the Assistant Director of Land Survey and Registration Department, dated 05.01.2021. 2.The case of the petitioner is that he applied for a survey of the subject property and also paid the necessary charges, on 05.11.2020. Since no action was taken by the respondents, the present writ petition has been filed before this Court, seeking for appropriate directions.

3.Heard Mr.R.Alagumani, learned counsel for the petitioner and Mr.M.Muniasamy, learned Additional Government Pleader for the respondents.

4.Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the third and fourth respondents to consider the representation made by the petitioner on 05.11.2020, and take a decision with regard to the survey of the subject property on its own merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. If there are any other interested parties, notice shall also be given to them before undertaking the survey.

5.The petitioner is directed to make a fresh representation to the third and fourth respondents along with all the relevant documents and also a copy of this order.

6.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) TM NOTE: In view of the present lock down owing to COVID-19 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.

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To 1.The District Collector, Office of the District Collector, Trichy District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Lalgudi Division, Trichy.

3.The Tahsildar, Lalgudi Taluk, Trichy District.

4.The Land Surveyor, Office of the Land Surveyor, Lalgudi Taluk, Trichy District.

30.04.2021 KK(04.06.2021) 3P 5C 3/3