Ramu v. The District Collector

W.P.(MD).No.13340 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD).No.13340 of 2021 Ramu

...Petitioner

Vs 1.The District Collector, Madurai District, Madurai.

2.The Thasildar, Taluk Office, Usilampatti, Madurai District.

3.The Firka Surveyor, Sindupatti, Usilampatti Taluk, Madurai District.

4.Pandi 5.Rajendran ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 & 3 to survey the land measuring about 15.10 ares land situated at Veppanuthu Village, Usilampatti Taluk, Madurai District, Comprised in S.No.279/3B1, by metes the bounds and demark the lands and thereby fix the boundaries to the same, by considering the application filed by the petitioner on 28.12.2020 on the file of the 3rd respondent.

For Petitioner : Mr.G.Vanjinathan For R1 to R3 : Mr.P.Subbaraj Learned Counsel for State

ORDER

The petitioner seeks a direction to respondents 2 and 3 to survey the land measuring about 15.10 ares, at Veppanuthu Village, Usilampatti Taluk, Madurai District and comprised in survey No.279/3B1.

2. The petitioner states that the aforesaid property belonged to his father. His father, in turn, settled the property described in schedule 6 of the Deed of Settlement dated 11.10.2019 on the petitioner. Thereafter, the petitioner applied to the second and third respondents to conduct a survey and fix the boundary stones in respect of such property. However, it is alleged that the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.13340 of 2021 respondents have failed to do so in view of objections raised by the 4th and 5th respondents herein.

3. Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of the respondents 1 to 3. He submits that the application dated 28.12.2020 of the petitioner was acted upon as would be evident from the communication dated 17.06.2021 from the office of the Thasildar.

4. In these facts and circumstances, without going into the merits of the matter, the second and third respondents herein are directed to conduct an inquiry on the basis of the petitioner's application dated 28.12.2020 and pass a reasoned order thereon after providing a reasonable opportunity both to the petitioner and to the private respondents herein. Such reasoned order shall be passed within a period of three months from the date of receipt of a copy of this order.

5. W.P.(MD).No.13340 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) sbn To 1.The District Collector, Madurai District, Madurai.

2.The Thasildar, Taluk Office, Usilampatti, Madurai District.

3.The Firka Surveyor, Sindupatti, Usilampatti Taluk, Madurai District.

+1 CC to M/s.GP ( SR-25187[F] dated 04/08/2021 ) W.P.(MD).No.13340 of2021 03.08.2021 RK (11.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2