Karunanithi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Karunanithi ... Petitioner Vs.
1.The District Collector, Madurai District, Madurai.
2.The Revenue Divisional Officer, Melur, Madurai District.
3.The Tahsildar, Melur Taluk, Melur, Madurai District.
4.The Head Surveyor, Melur Taluk, Melur, Madurai District.
5.Sundar Rajan 6.The District Revenue Officer, Madurai District.
... Respondents (R6 is suo motu impleaded vide order dated 12.08.2022 in W.P.(MD)No.13793 of 2022 by GRSJ) 1/6
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 3 and 4 to survey and demarcate the petitioners land as per his application dated 01.04.2022 in respect of the land of an extent of 75 cents, comprised in Punja Survey No.390/5B2A, Patta No.2395 at Attappatti Village, Melur Taluk, Madurai District within a time frame that may be fixed by this Court. For Petitioner : Mr.M.Balakrishnan For Respondents : Mr.M.Prakash, Addl. Govt. Pleader for R1 to R4 & R6.
Mr.N.Palanisamy for R5.
ORDER
Heard the learned counsel on either side.
2.The writ petitioner has applied to the third respondent for conducting survey in respect of the petition mentioned land. 3.When the matter was taken up for hearing, the learned counsel for the fifth respondent submitted that the fifth respondent had moved the District Revenue Officer, Madurai in February 2021. It appears that summon had been 2/6
issued to the writ petitioner. The District Revenue Officer, Madurai is directed to dispose of the petition filed by the fifth respondent against the writ petitioner on merits and in accordance with law after due enquiry within a period of twelve weeks from the date of receipt of a copy of this order. It is open to the aggrieved party to question the order passed by the District Revenue Officer. If within six weeks the order of the District Revenue Officer is not stayed or set aside, the Tahsildar will undertake the task of survey and demarcation based on the same. If the survey authority is prevented from carrying out their work, it always open to them to seek the aid of the jurisdictional police. The jurisdictional police is obliged to grant police protection. 4.The writ petition is disposed of accordingly. No costs. 12.08.2022 Index : Yes / No Internet : Yes/ No ias 3/6
To:- 1.The District Collector, Madurai District, Madurai.
2.The Revenue Divisional Officer, Melur, Madurai District.
3.The Tahsildar, Melur Taluk, Melur, Madurai District.
4.The Head Surveyor, Melur Taluk, Melur, Madurai District.
5.The District Revenue Officer, Madurai District.
4/6
5/6
G.R.SWAMINATHAN, J.
ias 12.08.2022 (2/2) 6/6