Rajkumar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2024
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.(MD)No.10609 of 2023 Rajkumar ... Petitioner vs.
1.The District Collector, Karur District, Karur.
2.The Tahsildar, Manmangalam Taluk, Manmangalam, Karur District.
3.The Taluk Surveyor, Manmangalam Taluk, Manmangalam, Karur District.
4.The Superintendent of Police, Karur District, Karur.
5.The Inspector of Police, Vangal Police Station, Vangal, Karur District.
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6.Kanthasamy 7.Thirumurugesh 7th respondent is impleaded as per the order of this Court, dated 23.01.2024.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to survey the land belongs to the petitioner in S.No.361/7, to an extent of 0.21.00, hectares of land situated at Minampalli Village, Manamangalam Taluk, Karur District, consequently direct the 5th respondent to provide adequate police protection at the time of conducting survey by the respondents 2 and 3, within a stipulated time fixed by this Court.
For Petitioner : Mr.S.Gokul Raj For R1 to R4 : Mr.P.Thambidurai Government Advocate For R5 : Mrs.M.Aasha Government Advocate (Crl.side) For R7 : Mr.S.Vidhya Sagar 2/7
O R D E R
This writ petition has been filed for issuance of a writ of Mandamus, directing the respondents 1 to 3 to survey the land belongs to the petitioner in S.No.361/7 to an extent of 0.21.00 hectares situated at Minampalli Village, Manamangalam Taluk, Karur District consequently directing the 5th respondent to provide adequate police protection at the time of conducting survey by the respondents 2 and 3.
2. According to the petitioner, he is the owner of the land in S.No. 361/7 to an extent of 0.21.00 hectares situated at Minampalli Village, Manamangalam Taluk, Karur District and in order to survey the boundaries of the land, his mother paid a sum of Rs.400/- to the third respondent on 11.01.2023 and again on 23.02.2023. However, the third respondent has failed to survey the land. Hence, the petitioner has made a representation dated 08.02.2023 to the respondents 1 to 3, requesting them to survey his land. Since the said representation has not been considered, the petitioner has filed the present writ petition. 3/7
3. Heard the learned counsel for the petitioner, learned Government Advocate appearing for the respondents 1 to 4, learned Government Advocate (Crl.side) appearing for the fifth respondent and the learned counsel appearing for the seventh respondent.
4. On perusal of the documents, it is seen that patta has been issued in the name of the petitioner Rajkumar, S/o. Sakthivel for S.No.361/7 to an extent of 0.21.00 hectares and there was a partition deed effected on 19.09.2014 between the family members. The sale deed was executed on 20.02.2020. In UDR-A Register, S.No.361/3 stands in the name of Chinnaru Gounder, S.No.361/4 stands in the name of Subbhuraya Gounder and again S.No.361/5 stands in the name of Chinnaru Gounder and S.No.361/6 stands in the name of Chinnaru Gounder and S.No.361/7 stands in the name of Subbhuraya Gounder.
5. Considering the above said facts, this Court directs the respondents 1 to 3 to survey the petitioner's land in S.No.361/7 to an 4/7
extent of 0.02.00 hectares, on the basis of the revenue records, within a period of eight weeks from the date of receipt of a copy of this order. The respondents 6 and 7 are directed not to disturb the measurement.
6. With the above direction, this Writ Petition is disposed of. No costs.
23.01.2024 Index:Yes/No Internet:Yes/No NCC:Yes/No akv To 1.The District Collector, Karur District, Karur.
2.The Tahsildar, Manmangalam Taluk, Manmangalam, Karur District.
3.The Taluk Surveyor, Manmangalam Taluk, Manmangalam, Karur District.
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4.The Superintendent of Police, Karur District, Karur.
5.The Inspector of Police, Vangal Police Station, Vangal, Karur District.
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V.BHAVANI SUBBAROYAN,J.
akv W.P.(MD)No.10609 of 2023 23.01.2024 7/7