D.Pandiselvan v. The Dist. Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :12.08.2020
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.9048 of 2020 and W.M.P.(MD) No.8267 of 2020 D.Pandiselvan
...Petitioner
Vs 1.The District Collector, Sivagangai District, Sivagangai.
2.The Revenue Divisional Officer, Manamadurai Division, Sivagangai District.
3.The Tahsildar, Manamadurai Taluk, Sivagangai District.
4.The Taluk Surveyor, having office at Taluk Office, Manamadurai, Sivagangai District.
5.Ramu
...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 3 to instruct the 4th respondent to survey and fix stones at the boundaries of the petitioner's property in S.Nos.1C1A, 1C1C and 1C3 situated at Kalpiravu Village, Manamadurai Taluk, Sivagangai District, by considering the fee Chalan, dated 16-11-2018. For Petitioner : Mr.M.Solaisamy For R1 to R4 : Mr.R.Sethuraman Special Government Pleader
ORDER
This writ petition is filed to direct the respondents 1 to 3 to instruct the 4th respondent to survey and fix the boundaries of the petitioner's property in S.Nos.1C1A, 1C1C and 1C3 situated at Kalpiravu Village, Manamadurai Taluk, Sivagangai District. 2.The grievance of the petitioner is that though the 3rd respondent had measured the said property to fix the four boundaries, he did not give the survey report to the petitioner. In 1/3
this regard, the petitioner's father made a representation dated 20.10.2005, to the 3rd respondent. So far, no action has been taken by the 3rd respondent. Hence, the present writ petition. 3.The learned Special Government Pleader appearing for the respondents 1 to 4 would submit that based on the representation dated 20.10.2005, half portion of the petition mentioned property has been measured and the remaining portion of the same could not be measured because of some grown up thickest bushes and the petitioner assured that he will clean the bushes. He would further submit that after the completion of the aforesaid works, the 3rd respondent will measure the remaining portion of the said property. 4.An this juncture, the learned counsel appearing for the petitioner would submit that the aforesaid work will be completed within a week.
5.Recording the submission made by the learned counsels on either side, this Court is inclined to pass the following directions:- i) after removing the thicket bushes in the remaining portion of the property, which has to be measured by the 3rd respondent, the petitioner is directed to communicate the same to the 3rd respondent, in writing, within a period of one week from the date of receipt of a copy of this order;
ii) on receipt of the same, the 3rd respondent is directed to inspect, measure and fix the four boundaries of the property, within a period of four weeks therefrom;
6.With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) mm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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To 1.The District Collector, Sivagangai District, Sivagangai.
2.The Revenue Divisional Officer, Manamadurai Division, Sivagangai District.
3.The Tahsildar, Manamadurai Taluk, Sivagangai District.
4.The Taluk Surveyor, having office at Taluk Office, Manamadurai, Sivagangai District.
+1 CC to SPL GP ( SR-14098[F] dated 14/08/2020 ) W.P.(MD) No.9048 of 2020 12.08.2020 VB (09.09.2020) 3P 6C 3/3