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Madras High CourtWP(MD)/13186/2023disposed of

Prema v. The District Collector

2023-08-07Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Prema .. Petitioner v.

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Tahsildar, Taluk Office, Thoothukudi, Thoothukudi District.

3.The Surveyor, Mappillaiyurani Surveyor, Thoothukudi Taluk, Thoothukudi District.

4.Nagarajan .. Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents 2 & 3 to 1/4

survey and fix the boundaries of the petitioner's property situated at S.No. 70/1B2A of Mappillaiyurani Village, Thoothukudi Taluk, Thoothukudi District, by considering the petitioner's representation dated 30.05.2023. For Petitioner : No appearance For Respondents : Mr.M.Sarangan, Additional Government Pleader for R.1 to R.3 Ms.G.Lakshmi Parvathy for R.4 *****

ORDER

The petitioner, with a grievance that her application for survey has not been considered, has filed this writ petition. 2.There is no representation for the petitioner. 3.Learned Additional Government Pleader, on instructions, submitted that the fourth respondent has raised certain objections and he is also having a document for the land sought to be surveyed. 2/4

4.If the Survey Officer has received any objections from anybody at the time of survey, he shall proceed further as per Sub-Section 1 of Section 10 of the Tamil Nadu Survey and Boundaries Act and shall pass orders within a reasonable time.

5.Considering the submission made by the learned Additional Government Pleader, this writ petition is disposed of with a direction to the third respondent / Surveyor to conduct an enquiry u/s.10 of the Tamil Nadu Survey and Boundaries Act and to take a decision thereon, within a period of four weeks from the date of receipt of a copy of this order. No costs. Index :

Yes / No 07.08.2023 NCC :

Yes / No Internet :

Yes gk To 1.The District Collector, Thoothukudi District, Thoothukudi.

3/4

B.PUGALENDHI, J.

gk 2.The Tahsildar, Taluk Office, Thoothukudi, Thoothukudi District.

3.The Surveyor, Mappillaiyurani Surveyor, Thoothukudi Taluk, Thoothukudi District.

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