A.Arumugam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI A.Arumugam ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The District Revenue Officer, Madurai District, Madurai.

3.The Revenue Divisional Officer, Melur, Madurai District.

4.The Tahsildar, Melur Taluk, Madurai District.

5.The Taluk Surveyor, Melur Taluk, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 4 to take action as against fifth respondent based on the petitioner's representation dated 1/5

11.03.2025 and consequently directing the fifth respondent to conduct the survey at the petitioner's nanja land situated in Old Survey No. 89/1, New Survey No. 89/1B, to an extent of 5 Ares (121⁄4 cents) comprising in Patta No. 3593, Manappacheri Village, Melur Taluk, Madurai district based on order dated 15.11.2024 made in W.P.(MD) No. 27242 of 2024. For Petitioner :

Mr.T.Veerakumar For Respondents :

Mrs.S.Jeyapriya Government Advocate

O R D E R

The petitioner has sought for issuance of writ of mandamus to direct the respondents 1 to 4 to take action against the 5th respondent based on the petitioner's complaint, dated 11.03.2025 and also direct the 5th respondent to resurvey the petitioner's lands.

2. The petitioner has approached this Court in W.P(MD)No.27242 of 2024 and this Court, by an order dated 15.11.2024 directed survey to be conducted.

3. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

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4. The petitioner's endeavour is only to get survey done and application of the petitioner being disposed of and it is not the intension of the petitioner to punish the 5th respondent. The learned counsel for the petitioner therefore submits that the petitioner is withdrawing the representation, dated 11.03.2025 regarding action to be taken against the 5th respondent. The said submission is recorded.

5. In view of the above, the 5th respondent is directed to proceed to conduct resurvey the petitioner's land and dispose of the petitioner's application in the presence of two independent witnesses, in whose presence survey shall be conducted and the said independent witnesses shall also sign the proceedings of the survey after the survey is conducted. The said exercise shall be completed within a period of eight (8) weeks from the date of receipt of copy of this order. It is made clear that the survey shall be conducted at the instance of a different Taluk Surveyor than the one who has already attempted to survey on 07.03.2025.

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

25.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg To:

1.The District Collector, Madurai District, Madurai.

2.The District Revenue Officer, Madurai District, Madurai.

3.The Revenue Divisional Officer, Melur, Madurai District.

4.The Tahsildar, Melur Taluk, Madurai District.

5.The Taluk Surveyor, Melur Taluk, Madurai District.

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P.B.BALAJI , J.

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