K.Subramani v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI K.Subramani .... Petitioner /Vs/

1. The District Collector, Dindigul District.

2. The Assistant Director, Survey and Land Records, Dindigul District.

3. The Tahsldar, Vedasandur Taluk, Dindigul District.

4. The Assistant Divisional Engineer, State Highways Department, Construction and Maintenance, Vedasandur, Dindigul District.

.... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to conduct survey and demarcate the land situated in S.Nos.451, 687 and 688 situated at D.Gudalur Village, Guziliyamparai Taluk, Dindigul District and fix the boundary stones in the petitioner's land within the time frame as may be fixed by this Court.

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For Petitioner : Mr.A.K.Manikkam For Respondents : Mrs.S.Jeyapriya Government Advocate

ORDER

The petitioner has been alleged to be an encroacher and the writ petition came to be filed before the Division Bench of this Court in W.P(MD)No.19738 of 2024 by one Rajaram. The Division Bench of this Court by an order dated 19.08.2024, directed the respondents therein to remove the encroachment, if any found.

2. It is the specific contention of the petitioner that he claims under a registered sale deed and he is not an encroacher under the public road / highway. It is the further contention of the petitioner that even according to the respondents, the reports are contradictory to one another and the report discloses that the petitioner is an encroacher of 0.00.15 square meters whereas, in the eviction notice it is claimed that the petitioner is encroached 0.00.27 sq. meters. The petitioner therefore, seeks for proper survey to be conducted in respect of lands in Survey Nos.451,687 and 688.

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3. Considering the above facts, it would br just and proper to conduct survey and demarcate the lands in survey Nos.451,687 and 688, which is the highway portion. In the light of the above, the writ petition is disposed of directing the third respondent to conduct survey of all three survey numbers in the presence of the petitioner and the fourth respondent and ascertain whether the petitioner is an encroacher in respect of survey number 451 and subject to the result of the survey, necessary follow up action shall be taken, if warranted, as directed by the Division Bench of this Court in W.P(MD)No.19738 of 2024. The said exercise shall be carried out within a period of eight weeks from the date of receipt of a copy of this order.

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

Index : Yes / No NCC : Yes / No 29.04.2025 am 3/5

To

1. The District Collector, Dindigul District.

2. The Assistant Director, Survey and Land Records, Dindigul District.

3. The Tahsldar, Vedasandur Taluk, Dindigul District.

4. The Assistant Divisional Engineer, State Highways Department, Construction and Maintenance, Vedasandur, Dindigul District.

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P.B. BALAJI , J.

am Order made in Dated:

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