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Madras High CourtWP(MD)/8771/2022disposed of

Arumugam .A v. The District Collector

2022-04-29Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE A.Arumugam ... Petitioner Vs.

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

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Madurai West Taluk, Madurai District.

3.The Tahsildar, Office of the Tahsildar, Madurai West Taluk, Madurai District.

4.The Firka Surveyor, Office of the Firka Surveyor, Madurai West Taluk, Madurai District.

5.The Village Administrative Officer, Office of the Village Administrative Officer, Kamatchipuram Village, Madurai District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to survey the petitioner's land comprised in Survey No.176/8B situated at Kamatchipuram Village, Melamathur Panchayat, Keelamathur Post, Madurai District and fix four boundaries on the basis of his representation dated 19.03.2022 and payment receipt dated 21.03.2022 within the time stipulated by this Court. For Petitioner : Mr.I.Sabeer Mohammed For Respondents : Mr.D.Sasikumar, Additional Government Pleader.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to survey and fix the four boundaries of the petitioner's land comprised in Survey No.176/8B situated at Kamatchipuram Village, Melamathur Panchayat, Keelamathur Post, Madurai District on the basis of the petitioner's representation dated 19.03.2022 and payment receipt dated 21.03.2022, within a time frame to be fixed by this Court.

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2. The petitioner has submitted a representation to the respondents on 19.03.2022 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.

3. Heard Mr.I.Sabeer Mohammed, learned counsel for the 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 19.03.2022 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 third respondent deems fit to put on notice at the time of survey.

6. Accordingly, this Court directs the third respondent with the assistance of the fourth respondent to survey and fix the boundaries in the petitioner's land comprised in Survey No.176/8B situated at Kamatchipuram Village, Melamathur Panchayat, Keelamathur Post, 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(CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm 2/3

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

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Madurai West Taluk, Madurai District.

3.The Tahsildar, Office of the Tahsildar, Madurai West Taluk, Madurai District.

4.The Firka Surveyor, Office of the Firka Surveyor, Madurai West Taluk, Madurai District.

5.The Village Administrative Officer, Office of the Village Administrative Officer, Kamatchipuram Village, Madurai District.

+1 CC to M/s.I.SABEER MOHAMED, Advocate ( SR-22651[F] dated 29/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-23158[F] dated 02/05/2022 ) 29.04.2022 SG(CO) TR(24.05.2022) 3P 8C 3/3