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Madras High CourtWP(MD)/12052/2025disposed of

Banu v. The District Collector

2025-04-28Honourable Mr Justice P.B. Balaji6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Banu .... Petitioner /Vs/

1. The District Collector, Office of the District Collector, Thanjavur District.

2. The Tahsildar, Thiruvonam Taluk, Thanjavur District.

3. The Head Surveyor, Thiruvonam Taluk, Thanjavur District.

4. The Taluk Surveyor, Thiruvonam Taluk, Thanjavur District.

.... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the Respondents to survey petitioners property in survey No.27/8B1 and 27/2B1A, situated in Vattathikottai Kollukkadu village, Thiruvonam Taluk, Thanjavur District on the basis of my application dated 26.07.2024 in accordance with law 1/6

within the time stipulated by this Honorable Court and pass such further or other orders as this Court.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

The petitioner seeks issuance of a Writ of Mandamus to direct the respondents to conduct survey based on the petitioner's application dated 26.07.2024.

2. I have heard DR.R.Alagumani, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader appearing for the respondents.

3. The learned counsel for the petitioner would submit that survey has been necessitated only in view of one Nadarajan attempting to fence the common pathway, which is available in survey No.29/2B1A. According to the petitioner, the survey application, made on 26.07.2024 after remitting the requisite charges, has been kept pending. 2/6

4. The learned Special Government Pleader appearing for the respondents would submit that the private respondents, against whom allegations are made, have not been arrayed as parties in the writ petition and he seeks suitable directions in this regard.

5. It is also brought to my notice that the said Nadarajan, against whom the petitioner has made an allegations regarding fencing of common pathway, has approached this Court in W.P.(MD)No.3737 of 2025, seeking survey to be conducted and 4 boundaries to be fixed based on his application dated 23.12.2024. The learned counsel for the petitioner would submit that in pursuance of my order, survey has already been conducted, however, in the said survey, the boundaries have been wrongly fixed which has compelled the petitioner to make the present application.

6. Considering the above, the respondents 2 and 3 shall dispose of the petitioner's application dated 26.07.2024 after affording an opportunity to the petitioner as well as the interested parties, including 3/6

the said Nadarajan, against whom the petitioner makes allegations that he is attempting to fence the common pathway and after conducting due enquiry and after hearing the objections, if any, of the interested parties, the second respondent with the assistance of the third and fourth respondents shall proceed to conduct survey and dispose of the petitioner's application, survey if not conducted, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above directions, the writ petition is disposed of. No costs.

Index : Yes / No NCC : Yes / No 28.04.2025 am 4/6

To

1. The District Collector, Office of the District Collector, Thanjavur District.

2. The Tahsildar, Thiruvonam Taluk, Thanjavur District.

3. The Head Surveyor, Thiruvonam Taluk, Thanjavur District.

4. The Taluk Surveyor, Thiruvonam Taluk, Thanjavur District.

5/6

P.B. BALAJI , J.

am Order made in Dated:

28.04.2025 6/6