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Madras High CourtWP(MD)/13640/2022disposed of

Murugan .M v. The District Collector

2022-07-11Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN M.Murugan ... Petitioner Vs 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Assistant Director of Survey and Settlement, Office of the District Survey Office, Collectorate, 3.The Revenue Divisional Officer, Thoothukudi, 4.The Tahsildar, Srivaikundam Taluk, 5.The Deputy Inspector of Survey, Srivaikundam Taluk, 6.The Taluk Firka Surveyor, Srivaikundam Taluk, Srivaikundam ... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 4 to 6 to carry out the Survey of the petitioner's property of 0.06.80 Hectares (16.8 cents) lands in Survey.No. 272/63 of Muthalankurichi Village, Srivaikundam Taluk, For Petitioner : Mr.M.R.Sreenivasan For Respondents : Mr.N.Ramesh Arumugam Government Advocate

ORDER

Heard the learned counsel on either side.

2. The petitioner wants survey to be conducted in respect of the petition mentioned land.

3. When the matter was taken up for hearing, the learned Government Advocate submitted that there is stiff opposition from one Kanthan / adjacent land owner. According to the learned Government Advocate this is a classic title dispute and therefore, the jurisdictional civil Court can only resolve the issue. When there is a serious civil dispute between the parties, this Court will not be justified in directing the survey authorities to conduct survey. Leaving 2/4

open the petitioner's rights and granting him liberty to move the jurisdictional civil Court if so advised, this writ petition is disposed of. I make it clear that I have not gone into the merits of the matter. No costs. 11.07.2022 Index : Yes / No Internet : Yes/ No mga To 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Assistant Director of Survey and Settlement, Office of the District Survey Office, Collectorate, 3.The Revenue Divisional Officer, Thoothukudi, 4.The Tahsildar, Srivaikundam Taluk, 5.The Deputy Inspector of Survey, Srivaikundam Taluk, 6.The Taluk Firka Surveyor, Srivaikundam Taluk, Srivaikundam 3/4

G.R.SWAMINATHAN, J.

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