Madras High CourtWP(MD)/14187/2022disposed of

Jeyaraj 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 Jeyaraj ... Petitioner Vs 1.The District Collector, Theni District, Theni.

2.The Tahsildar, Tahsildar Office, Theni Taluk, 3.The Town Surveyor, Town Surveyor Office, Theni Taluk, 4.The Superintendent of Police, Theni District, Theni.

5.The Inspector of Police, Allinagaram Police Station, ... 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 1 to 3 in to survey and fixed the boundary stones of the land in Iyan Survey Nos.1178/4, 2272/3, 655, 681 and natham survey No.1657/1 situated at Allinagaram Village, Periyakulam Registration District, Theni Sub Registration District, Theni District and consequently, direct the fifth respondent to give police protection at the time of survey conducted by third respondent based on the representation, dated 16.05.2022.

For Petitioner : Mr.S.Muniyandi For Respondents : Mr.M.Prakash Additional Government Pleader for R.1 to R.3

ORDER

The respondents 4 and 5 are given up.

2. The petitioner wants survey and demarcation to be done in respect of the petition mentioned land.

3. When the matter was taken up for hearing, the learned Additional Government Pleader appearing for respondents 1 to 3 states that the notice was already been issued to all the concern parties.

4. The learned counsel appearing for the petitioner categorically states that there is no rival dispute or claim. I make it clear that if any rival claim based on substantial grounds is raised, the survey authorities will be justified in 2/4

refusing to survey. Since in this case it is stated by the petitioner's counsel that there is no objection or rival claim, the respondents 2 and 3 are directed to conclude the exercise of survey and demarcation within a period of eight weeks from the date of receipt of a copy of this order.

5. This writ petition is disposed of. No costs. 11.07.2022 Index : Yes / No Internet : Yes/ No mga To 1.The District Collector, Theni District, Theni.

2.The Tahsildar, Tahsildar Office, Theni Taluk, 3.The Town Surveyor, Town Surveyor Office, Theni Taluk, 4.The Superintendent of Police, Theni District, Theni.

3/4

G.R.SWAMINATHAN, J.

mga 5.The Inspector of Police, Allinagaram Police Station, 11.07.2022 4/4