Muthuganesan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI Muthu Ganesan ... Petitioner Vs.

1.The District Collector, Sivagangai.

2.The Revenue Divisional Officer, Sivagangai.

3.The Tahsildar, Devakottai Taluk, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to survey, measure and demarcate the subject property in Survey No.35/10B1 measuring 27 cents, Thenneervayal Group, Udappanpatti (Veeramadakki) Village, Sivagangai Distirct, within a time frame that may be fixed by this Court. For Petitioner :

Mr.T.Villavan Kothai For Respondents :

Mr.M.Lingadurai Special Government Pleader 1/5

O R D E R

The petitioner seeks issuance of writ of mandamus to direct the respondents to conduct survey, measure and demarcate the subject property belonging to the petitioner.

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

3. The learned Special Government Pleader, on instructions, submits that survey has already been conducted and the application of the petitioner has been closed.

4. The learned counsel for the petitioner, on instructions from the petitioner, states that survey conducted was not proper and the petitioner has grievances over the exercise of survey which was done in the absence of the writ petitioner. Therefore, in any event according to the respondents, the survey application has been closed.

2/5

5. Therefore, the petitioner is at liberty to make a fresh online application and remit necessary charges within a period of two (2) weeks from the date of receipt of copy of this order or alternatively the petitioner shall also approach the Assistance Director (Survey) by way of appeal as available under provisions of the Act. In the event of application being made by the petitioner, the 3rd respondent is directed to take steps to resurvey the petitioner's property in his presence and the presence of two independent witnesses and pass final orders. In the event of any third party interested involved, notices shall be given to the third party and their objections shall also be heard and disposed of before conducting survey. The entire exercise shall be completed within a period of twelve (12) weeks from the date of receipt of copy of this order.

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

30.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg 3/5

To:

1.The District Collector, Sivagangai.

2.The Revenue Divisional Officer, Sivagangai.

3.The Tahsildar, Devakottai Taluk, Sivagangai District.

4/5

P.B.BALAJI , J.

gbg 30.04.2025 5/5