Saravanakumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Saravanakumar .. Petitioner Vs.

1.The District Collector, Office of the District Collector, 2.The Tahsildar, Office of the Tahsildar, Madurai North Taluk, 3.The Land Surveyor, Madurai North Taluk, 4.The Inspector of Police, Samayanallur Police Station, 5.Mr.Anbu @ Muthusamy ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent No.2 and 3 to survey and demarcate the boundaries in respect of the petitioners land extent of 256 square feet in survey number 257/39, Thennur Village, Madurai District, affording adequate police protection by respondent No.4 within a stipulated period that may be fixed by this court.

For Petitioner : Mr.S.Manoj Immanuel For Respondent : Mr.D.Sasikumar for R1 to R4 Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to survey the property having an extent of 256 square feet in survey number 257/39, Thennur Village, Madurai District, on the basis of petitioner's representation dated 20.12.2021, within a time frame to be fixed by this Court. 2.The petitioner has submitted a representation to the respondents on 20.12.2021 seeking for survey and demarcation of 1/3

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.S.Manoj Immanuel, 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 20.12.2021 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, the fifth respondent and any other necessary party, whom the respondents deem fit to put on notice at the time of survey.

6.Accordingly, this Court directs the respondents 2 and 3 to survey and fix the boundaries in the petitioner's property having an extent of 256 square feet in survey number 257/39, Thennur Village, Madurai District, after giving notice to the petitioner, the fifth respondent and any other necessary party, whom the respondents 2 and 3 deem 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. In case, the respondents 2 and 3 requires police assistance, they shall seek the same from the fourth respondent. 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) TM To 1.The District Collector, Office of the District Collector, 2/3

2.The Tahsildar, Office of the Tahsildar, Madurai North Taluk, 3.The Land Surveyor, Madurai North Taluk, 4.The Inspector of Police, Samayanallur Police Station, +1 CC to M/s.SPL. GP ( SR-23030[F] dated 29/04/2022 ) 28.04.2022 SJ(CO) GC(23.05.2022) 3P 6C 3/3