Madras High CourtWP(MD)/13246/2020disposed of

D. Samidurai v. The Dist. Collector

2020-09-30Honourable Mr Justice D. Krishnakumar2 pages

W.P.(MD)No.13246 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :30.09.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.13246 of 2020 S.Samidurai ... Petitioner Vs 1.The District Collector, Pudukkottai District.

2.The Tahsildar, Alangudi Taluk, Pudukkottai District.

3.The Firka Surveyor, Alangudi Taluk Office, Alangudi Taluk, Pudukkottai District.

4.Balu @ Muthusamy 5.Chellasamy ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to survey and demarcate the boundaries of the land in S.No.153/1A Keeramangalam North Village, Alangudi Taluk, Pudukkottai District measuring about 0.94.50 Hectares.

For Petitioner :

Mr.C.Susikumar For R1 to R3 :

Mr.C.Ramesh Special Government Pleader

ORDER

This Writ Petition is filed to direct the respondents 1 to 3 to survey and demarcate the four boundaries of the property in S.No.153/1A, measuring to an extent of 0.94.50 hectares, situated at Keeramangalam North Village, Alangudi Taluk, Pudukkottai District. 2.According to the petitioner, with the relief sought for in the prayer though he made a representation dated 08.09.2020 to the respondents 2 and 3, so far no action has been taken. Hence, the petitioner is before this Court.

3.In reply, the learned Special Government Pleader appearing for the respondents 1 to 3 would submit that the petitioner's representation dated 08.09.2020, would be considered on merits and in accordance with law, within a time frame to be fixed by this https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.13246 of 2020 Court.

4.Having regard to the limited scope of the prayer made by the petitioner and in view of the submission made by the learned Special Government Pleader, this Court, without expressing any opinion on the merits of the petitioner's case, is inclined to pass the following directions:- i) the 2nd respondent is directed to survey the subject matter of the property, by considering the petitioner's representation dated 08.09.2020, after affording due opportunity of hearing to the petitioner as well as the rival parties including the respondents 4 and 5;

ii) if there is any objection from the rival parties to survey the subject matter of the property, the 2nd respondent is directed to conduct an enquiry and communicate the decision of the same to the parties concerned;

iii) the aforesaid exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order; 5.This Writ Petition is disposed of, with the above directions. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) mm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector,Pudukkottai District. 2.The Tahsildar,Alangudi Taluk,Pudukkottai District. 3.The Firka Surveyor,Alangudi Taluk Office, Alangudi Taluk,Pudukkottai District.

+1 CC to M/s.GP ( SR-18744[F] dated 01/10/2020 ) W.P.(MD) No.13246 of 2020 30.09.2020 SCR(CO) AP(08/10/2020) 2 P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2