Madras High CourtWP(MD)/14594/2021disposed of

Thangaiya v. The District Collector

2021-08-18Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Thangaiya ... Petitioner Vs.

1.The District Collector, O/o. the District Collector, 2.The Tahsildhar, O/o. the Tahsildhar, Marungapuri Taluk, Akkiayampatti Village, 3.The Head Surveyor, O/o. the Head Surveyor, Marungapuri Taluk, Akkiayampatti Village, 4.The Village Administrative Officer, O/o. the Village Administrate Office, Marungapuri Taluk, Akkiayaampatti Village, 5.The Inspector of Police, Thuvarankuruchi Police Station, Thuvarankuruchi, ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the Respondent Nos.3 and 4 to survey the petitioner's land in Survey Nos.282/5-A and 282/5-B with the extent 30 cents along with protection situated at Akkiayampatti Village, Murungapuri Taluk, For Petitioner : M/s.S.Prabha For Respondents : Mr.R.Baskaran Counsel for State

ORDER

The petitioner seeks a survey of the land in Survey Nos.282/5-A and 282/5-B in Akkiayampatti Village, Murungapuri Taluk, 1/3

2. The petitioner states that he inherited the aforesaid lands admeasuring about 30 cents from his ancestors. He cites the extract from the relevant "A" Register and the patta issued in respect of the aforesaid survey numbers to corroborate his rights over and interest in the land.

3. Mr.R.Baskaran, learned counsel for the State, accepts notice on behalf of all] respondents.

4. The documents on record include the "A" Register extract and the patta. Both these documents contain the name of the petitioner as the owner of the property in question. Accordingly, respondents 3 and 4 should consider and dispose of the petitioner's application for a survey within a reasonable time.

5. In the facts and circumstances set out above, the second and third respondents herein are directed to act on the petitioner's representation dated 02.07.2021 and, if deemed appropriate, conduct a survey of the petitioner's land and conclude the entire process within a period of three (3) months from the date of receipt of a copy of this order. The aforesaid exercise shall be undertaken after providing a reasonable opportunity to the petitioner and to the owners of adjoining lands who may be affected by the conduct of such survey and by fixation of boundaries.

6. W.P.(MD).No.14594 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, O/o. the District Collector, 2/3

2. The Tahsildhar, O/o. the Tahsildhar, Marungapuri Taluk, Akkiayampatti Village,

3. The Head Surveyor, O/o. the Head Surveyor, Marungapuri Taluk, Akkiayampatti Village,

4. The Village Administrative Officer, O/o. the Village Administrate Office, Marungapuri Taluk, Akkiayaampatti Village,

5. The Inspector of Police, Thuvarankuruchi Police Station, Thuvarankuruchi, Trichy District +1 CC to M/s.SPL GP ( SR-26777[F] dated 19/08/2021 ) 18.08.2021 GC(27.08.2021)/3P/7C 3/3