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Madras High CourtWP(MD)/10848/2025disposed of

V.S.Austin v. The District Collector

2025-04-21Honourable Mr Justice P.B. Balaji5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI V.S.Austin ... Petitioner Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Tahsildar, Taluk Office, Keelakarai, Ramanathapuram District.

3.The Head Surveyor, Taluk Office, Keelakarai, Ramanathapuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 3rd respondent to conduct survey and fix the boundary stones of petitioner's land in survey No.136/1, New Patta No.1787, Old Patta No.634 situated at Vellamarichukatti village group, Keelakarai Taluk, Ramanathapuram District on the basis of the petitioner's representation, dated 18.02.2025 and 03.04.2025 within a stipulated time fixed by this Court.

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For Petitioner : Mr.P.Ranjithkumar For Respondents : Mr.M.Lingadurai Special Government Pleader

O R D E R

The petitioner seeks issuance of writ of mandamus to direct the 3rd respondent to conduct survey and fix four boundaries to the petitioner's land.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents.

3. The petitioner has given a representation in this regard on 18.02.2025 and again on 03.04.2025. According to the learned counsel for the petitioner, the respondents are delaying citing objections of neighbouring land owners.

4. The learned Special Government Pleader would submit that in the event of any dispute on ground, all interested parties would have to be put on notice and if necessary, the 3rd respondent shall also take the assistance of the jurisdictional police officials.

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5. Considering the light of the above, this writ petition is disposed of, directing the 2nd respondent with the assistance of the 3rd respondent, to conduct survey, after putting on notice the petitioner as well as adjoining neighbouring land owners, who may be interested / affected because of the survey being sought for by the petitioner. Any objections forthcoming from the neighbouring land owners shall be disposed of before survey is proceeded. In the event of the 2nd respondent requiring any police protection during the time of the either the enquiry or the survey, he shall seek the assistance of the jurisdictional police officials on advanced notice, who shall act upon the said request and ensure availability of sufficient police personnel to give protection to the 2nd respondent for conducting peaceful enquiry / survey. The said exercise shall be carried out within a period of eight (8) weks from the date of receipt of copy of this order.

6. With the above direction, this Writ Petition stands disposed of. No costs.

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To:

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Tahsildar, Taluk Office, Keelakarai, Ramanathapuram District.

3.The Head Surveyor, Taluk Office, Keelakarai, Ramanathapuram District.

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P.B.BALAJI , J.

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