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Madras High CourtWP(MD)/14020/2025disposed of

Sumathi v. The District Collector

2025-05-08Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.05.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Sumathi .... Petitioner /Vs/

1. The District Collector Sivagangai District, Sivagangai.

2. The Tahsildar Ilaiyangudi Taluk, Ilaiyangudi, Sivagangai District.

3. The Head Surveyor Ilaiyangudi Taluk, Ilaiyangudi, Sivagangai District.

4. Ramuammal

5. K.Karuppaiah .... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 and 3 to take immediate action for the survey and demarcation of the Nanja Lands Properties comprised in Survey No.113/1A measuring about 0.43.00 Hectares, Survey No.113/1B measuring about 0.35.00 Hectares, Survey No.90/5C Measuring about 0.2.85 Hectares, Survey No.90/7B measuring about 0.16.00 Hectares, Survey No.93/7 measuring about 0.29.00 Hectares and Survey No.93/8 measuring about 0.79.00 Hectares all totalling about to 5 acres 11 cents situated at Mulliyarenthal Village A Nadungualm Panchayat, Ilaiyangudi Taluk, Sivagangai District and fix the four boundaries beside directing the third respondent to get the police protection for the survey and videograph the same based on the petitioner's applications dated 23.05.2024 and 03.06.2024 pending on the 1/4

file of the respondents 2 and 3 office within a time frame as fixed by this Court, after affording opportunities by way of sending notice to the respondents 4 and 5.

For Petitioner : Mr.B.Prahalad Ravi For Respondents : Mr.K.S.Selvaganesh Additional Government Pleader for R1-3

ORDER

The petitioner seeks issuance of a Writ of Mandamus, to direct the respondents 2 and 3 to conduct survey and demarcate the petitioner's land based on the petitioner's application dated 23.05.2024. The petitioner also impleaded the adjoining neighboring land owners as respondents 4 and 5.

2. I have heard the learned counsel on either side.

3. It is the case of the petitioner that the fourth respondent is objecting the survey being sought for by the petitioner. The petitioner's claim for survey is based on a registered sale deed dated 20.01.2023 and also revenue records mutated in the name of the petitioner.

4. In view of the above, there can be no impediment for the respondents 2 and 3 to dispose of the petitioner's survey application for conducting survey and fixing four boundaries. It is open to the petitioner to seek assistance of the police officials at the cost of the writ petitioner. 2/4

In the event of the second respondent apprehending any law and order situation at the time of survey, the second respondent shall issue advance notice to the police officials, regarding objections if any shall be heard and dispose of before the survey shall be conducted. The said exercise shall be carried out within a period of 4 weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

Index : Yes / No NCC : Yes / No 08.05.2025 am To

1. The District Collector Sivagangai District, Sivagangai.

2. The Tahsildar Ilaiyangudi Taluk, Ilaiyangudi, Sivagangai District.

3. The Head Surveyor Ilaiyangudi Taluk, Ilaiyangudi, Sivagangai District.

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P.B. BALAJI , J.

am Order made in Dated:

08.05.2025 4/4