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Madras High CourtWP(MD)/9800/2021disposed of

Jaganathan.S.K v. The Dist.Collector

2022-08-03Honourable Mr Justice G.R.Swaminathan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD).No.7535 of 2021 S.K.Jaganathan ... Petitioner Vs.

1. The District Collector, Tenkasi District.

2.The District Revenue Officer, Tenkasi District.

3.The Tahsildar, Sivagiri Town & Taluk, Sivagiri, Tenkasi District.

4.V.Kutty Raja @ Sangiliveerapa Bala Subramania Pandian ... Respondents Respondent No.4 is impleaded as per the order of this Court dated 03.08.2022 in W.M.P(MD).No.3439 of 2022 in W.P(MD).No.9800 of 2021

PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the second respondent to rectify the defects in Survey Nos.627/1821, 627/2044 (to the extent of 3 Acres 33 cents excluding 9.5 cents) and 627/2046 with the place compound wall and the third respondent demarcate the boundaries in Sivagiri Part-II Village to the extent of 71 cents with palace on the basis of the petitioner representations dated 15.02.2021, 24.02.2021 and 09.03.2021. For Petitioner :

Mr.Durai Gunasekaran For Respondents :

Mr.N.Ramesh Arumugam Government Advocate for R1 to R3 Mr.F.X.Eugene for R4

O R D E R

The petitioner claims to represent the erstwhile Sivagiri Jameendar. The impleaded respondent states that he is also a stakeholder and that his rights cannot be excluded. The prayer made in this writ petition is for taking survey.

2. The learned Government counsel also would point out that the petitioner wants the Government properties to be included in the survey.

3. I am of the view that the Survey Authorities can conduct survey in respect of undisputed portion. While doing so, the Survey Authorities will give notice not only to the petitioner but also to the impleaded respondent and the adjacent land owners. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

4. Accordingly, the Writ Petition stands disposed of. No costs. Connected miscellaneous petition is closed.

03.08.2022 Index : Yes / No Speaking Order : Yes / No ssb

To

1. The District Collector, Tenkasi District.

2.The District Revenue Officer, Tenkasi District.

3.The Tahsildar, Sivagiri Town & Taluk, Sivagiri, Tenkasi District.

G.R.SWAMINATHAN, J.

ssb 03.08.2022