Madras High CourtWP(MD)/10512/2023disposed of

Santhanaraja R v. The District Collector

2023-04-28Honourable Mr Justice C.V. Karthikeyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN R.Santhanaraja ... Petitioner Vs.

1.The District Collector Madurai, Madurai District.

2.The Tahsildar O/o. The Tahsildar, North Taluk, Madurai District.

3.V.Raja ... Respondents 1/5

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second Respondent to survey, measurement and mark the boundary in respect of patta No.304, Re-Survey No.183/8 (UDR S.No.35/5) situated in Sathiyamoorthy Nagar, Paravai 2nd Pit, North Taluk, Madurai District, or to consider the representation, dated 04.04.2023. For Petitioner : Mr.R.Santhanam For Respondent : Mr.N.Muthu Vijayan, - for R1 & R2 Special Government Pleader

O R D E R

The writ petition is disposed of at the admission stage itself even without issuing notice to the third respondent. Mr.N.Muthu Vijayan, learned Special Government Pleader had taken notice on behalf of the respondents 1 and 2.

2. The writ petition has been filed in the nature of a Mandamus seeking a direction to the second respondent / Tahsildar, 2/5

North Taluk, Madurai District, to conduct survey and to measure and mark the boundary with respect to the lands at patta No.304 in ReSurvey No.183/8 (UDR S.No.35/5) at Sathiyamoorthy Nagar, Paravai 2nd Pit, North Taluk, Madurai District.

3. The third respondent herein is the purchaser of the remaining land. The petitioner had purchased the property, by a registered sale deed in Document No.1958 of 2022 dated 05.05.2022. The petitioner claims that he had constructed a house and is in possession. Now he seeks to measure the property.

4. A direction is given to the second respondent to issue notice to the petitioner and also to the third respondent, examine the sale deed by which the petitioner purchased the property and thereafter, also examine whether there are any objections and then proceed to do the necessary needful by conducting survey. The entire exercise must be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.

3/5

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

28.04.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No RM To 1.The District Collector Madurai, Madurai District.

2.The Tahsildar O/o the Tahsildar, North Taluk, Madurai District.

4/5

C.V.KARTHIKEYAN, J.

RM 28.04.2023 5/5