Shunmuganathan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2024

CORAM

THE HONOURABLE MRS.JUSTICE N.MALA Shunmuganathan ... Petitioner Vs.

1.The District Collector, Tenkasi District.

2.The Superintendent of Police, Tenkasi District.

3.The Thasildhar, V.K.Pudur Taluk, Tenkasi District.

4.The Taluk Surveyor, V.K.Pudur Taluk, Tenkasi District.

5.The Inspector of Police, Uthumalai Police Station, Tenkasi District.

6.Krishnammal 7.Thangavel 8.Raji 1/5

9.Gopal @ Navaneethagopalakrishna Maruthappan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent to survey the punja land in Document No.2623/2022 vide Patta No.763 bearing S.No.103/1 to an extent of 18 1/2 cents, S.No.103/2 to an extent of 19 3/4 cents and in S.No. 103/3 to an extent of 19 3/4 cents situated at Uthumalai Village, V.K.Pudur Taluk, Tenkasi District with the help of the fourth respondent police on the basis of the petitioner's representation dated 05.06.2023. For Petitioner : Mr.A.B.Jeeva For R1 to R4 : Mr.A.Kannan Special Government Pleader For R5 : Mr.K.Gnana Sekaran Government Advocate For R6 to R8 : Mr.M.Sankar

O R D E R

The writ petition has been filed for a direction to the third respondent to survey the punja land in S.Nos.103/1, 103/2, 103/3 to an extent of 18 1/2 cents, 19 3/4 cents and 19 3/4 cents respectively at Uthumalai Village, V.K.Pudur Taluk, Tenkasi District with the help of the fourth respondent police by considering the petitioner's representation, dated 05.06.2023. 2/5

2. The petitioner purchased the said property under Document No.2623/2022 and was also issued patta, in Patta No.763. While so, the private respondents herein claiming title over the petitioner's property interfered with the petitioner's possession. The petitioner therefore gave representation to the respondents on 05.06.2023, requesting them to survey the subject properties. As no action was taken by the respondents, the petitioner filed the writ petition for the aforesaid relief.

3. It is seen that the petitioner has not even made an online application and he also did not pay the necessary fee for survey. The petitioner submitted only a representation for conduct of survey. In the absence of an application and payment of requisite fee, the writ petition cannot be entertained.

4. Accordingly, the writ petition stands dismissed with liberty to file an online application along with requisite fee for survey. No costs. 04.12.2024 NCC:yes/no Index:yes/no Internet:yes/no SN 3/5

To:

1.The District Collector, Tenkasi District.

2.The Superintendent of Police, Tenkasi District.

3.The Thasildhar, V.K.Pudur Taluk, Tenkasi District.

4.The Taluk Surveyor, V.K.Pudur Taluk, Tenkasi District.

5.The Inspector of Police, Uthumalai Police Station, Tenkasi District.

4/5

N.MALA, J.

SN 04.12.2024 5/5