Madras High CourtWP(MD)/8991/2022disposed of

Sagayaraj Machado 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 J.Sagayaraj Machado ... Petitioner Vs.

1.The District Collector, Ramanadhapuram, 2.The Tahsildar, Kadaladi, Ramanathapuram District.

3.The Village Administrative Officer, Mookaiur, 4.The Head Surveyor, ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 2 to 4 to survey and demarcate the land property having an extent of 0.24.50 hectares, equivalent to 25,833 sq.ft comprised in Survey No.128/10 at Mookaiur Village, Kadaladi Taluk, Ramanadhapuram District within a time that may be stipulated by this Court. For Petitioner : Mr.S.Bharathi For Respondents : Mr.B.Saravanan Additional Government Pleader

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the respondents 2 to 4 to survey and demarcate the land property having an extent of 0.24.50 hectares, equivalent to 25,833 sq.ft comprised in Survey No.128/10 at Mookaiur Village, Kadaladi Taluk, Ramanadhapuram District, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 24.03.2022, 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 1/3

not been considered till date, this writ petition has been filed. 3.Heard Mr.S.Bharathi, learned Counsel for the writ petitioner and Mr.B.Saravanan, 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 24.03.2022 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 having an extent of 0.24.50 hectares, equivalent to 25,833 sq.ft comprised in Survey No.128/10 at Mookaiur Village, Kadaladi Taluk, Ramanadhapuram District, with the assistance of the fourth 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 aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To:

1.The District Collector, Ramanadhapuram, 2.The Tahsildar, Kadaladi, Ramanathapuram District.

2/3

3.The Village Administrative Officer, Mookaiur, 4.The Head Surveyor, +1 CC to M/s.SPL.GP ( SR-23380[F] dated 04/05/2022 ) 29.04.2022 RD(24.05.2022) 3P 6C 3/3