Seenivasan .S v. The District Collector
W.P.[MD]No.8285 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.8285 of 2022 S.Seenivasan ... Petitioner Vs.
1.The District Collector, Madurai District.
2.The Tahsildar, Thiruparangundram Taluk, Madurai District.
3.The Taluk Surveyor, Thiruparangundram Taluk, 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 and 3rd respondents to measure the nanja land and demarcate the property in Re-survey Nos.110/2 Nanja land total extent of 79 cents situate at Madakulam Village, Oolkadai, Palanganatham, Madurai District, within the time frame as fixed by this Court.
For Petitioner : Mr.I.Saliyakhan 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 second and third respondents to measure the nanja land and demarcate the property in Re-survey Nos.110/2 Nanja land measuring a total extent of 79 cents situated at Madakulam Village, Oolkadai, Palanganatham, Madurai District, within a time frame to be fixed by this Court.
2.The petitioner has submitted a representation to the respondents on 19.04.2021, 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. 3.Heard Mr.I.Saliyakhan, learned Counsel appearing 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 the copy of the sale deed https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.[MD]No.8285 of 2022 standing in the name of the petitioner's father. The petitioner's father P.S.A.Subramaniyan Chettiyar died and he is one of the legal heirs of his deceased father. After the demise of the petitioner's father, he and his brothers became the owners of the aforementioned property. The petitioner has sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 19.04.2021, for the said purpose. 5.No prejudice would be caused to the second respondent, if the survey and demarcation of the boundaries is done in the presence of the petitioner and any other necessary party, whom the second respondent deems fit to put on notice at the time of survey. 6.
Accordingly, this Court directs the second respondent to survey and fix the boundaries in the petitioner's property in Resurvey No.110/2 Nanja land measuring a total extent of 79 cents situated at Madakulam Village, Oolkadai, Palanganatham, Madurai District, with the assistance of the third respondent, after giving notice to the petitioner and any other necessary party, whom the second 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 (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To:
1.The District Collector, Madurai District.
2.The Tahsildar, Thiruparangundram Taluk, Madurai District.
3.The Taluk Surveyor, Thiruparangundram Taluk, Madurai District.
+1 CC to M/s.I. SALIYAKHAN, Advocate ( SR-21727[F] dated 27/04/2022 ) +1 CC to M/s.SPL. GP ( SR-23000[F] dated 29/04/2022 ) W.P.[MD]No.8285 of 2022 27.04.2022 RD(23.05.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2