Sivanathan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD) No.7513 of 2023 Sivanathan .. Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Kodaikanal Taluk, Dindigul District.

3.The District Surveyor, Dindigul District, Dindigul.

4.The Taluk Surveyor, Kodaikanal Taluk, Dindigul District.

5.A.R.Gokulakrishnan 6.Renukadevi .. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents No. 1/4_________

2 to 4 to conduct a proper survey on the petitioner's land of 1 Acre 68 cents comprised in old survey number of 587, new survey number of 149 at Poolathur Village, Kodaikanal Taluk, Dindigul District and demarcate the boundaries on the basis of the petitioner's application dated 02.01.2023.

For Petitioner :

Mr.T.Indrachithu For R1 to R4 :

Mr.J.Ashok Additional Government Pleader For R5&R6 :

No appearance

ORDER

The writ petition has been filed in the nature of mandamus seeking a direction to the respondents 2 to 4, to conduct survey of the land of the petitioner at old S.No.587, new S.No.149, measuring 1.68 acres at Poolathur Village, Kodaikanal Taluk, Dindigul District. 2.Notice had been directed to R5 and R6. Notice have been severed on them. Their names and address are printed in the cause list. They have however not appeared before this Court. 3.The learned counsel appearing for the petitioner stated that the petitioner is in possession of the said lands. The second respondent shall 2/4_________

first issue notice to the petitioner and also to the fifth and sixth respondents in the writ petition and examine the title and the documents relating to the holding of the petitioner of the aforementioned lands. Then he may examine the issue raised by the said respondents. If they have any objection, record the objection and give reasons why the survey could not be done. If survey could be done, the second respondent with the assistance of the third and fourth respondents may proceed further to conduct the survey. The entire process may be completed within a period of twelve weeks from the date of receipt of a copy of this order.

With the above direction, this writ petition is disposed of. No costs.

13.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes Ns 3/4_________

C.V.KARTHIKEYAN, J.

Ns To 1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Kodaikanal Taluk, Dindigul District.

3.The District Surveyor, Dindigul District, Dindigul.

4.The Taluk Surveyor, Kodaikanal Taluk, Dindigul District.

W.P.(MD) No.7513 of 2023 Dated: 13.06.2023 4/4_________