Madras High CourtWP(MD)/15585/2023disposed of

Mathuran. Mc v. The District Collector

2023-06-30Honourable Mr Justice C.V. Karthikeyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN M.C.Mathuram ... Petitioner Vs.

1.The District Director, Madurai District, Madurai.

2.The Tashildar, Usilampatti Taluk, Usilampatti, Madurai District.

3.The Head Surveyor, Usilampatti Town & Taluk, Usilampatti, Madurai District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus directing the respondents 2 and 3 to survey and demarcate the petitioner's property by erecting the boundary stones of the Land comprised in Old Survey No.TS.No.227/3 now new Survey No.T.S.No.17/63 Block No.35 to an extent of 0.04.54 acres (488756) sq.ft at Madurai District, Usilampatti 1/5

Town and Taluk, Vadakattupatti Village, based on the petitioner's application dated 27.12.2022 and 09.01.2023 representation dated 10.01.2023 and 23.05.2023.

For Petitioner : Mr.S.Rajeshkanna For Respondents : Mr.N.Muthu Vijayan Special Government Pleader

O R D E R

This Writ Petition has been filed in the nature of Mandamus seeking a direction to the respondents 2 and 3 to survey and demarcate the land of the petitioner in Old Survey No.TS.No.227/3 now new Survey No.T.S.No.17/63 Block No.35 to an extent of 0.04.54 acres (488756) sq.ft at Madurai District, Usilampatti Town and Taluk, Vadakattupatti Village.

2. The petitioner had given an application on 27.12.2022 and further representations. The land was jointly enjoyed by the petitioner and his brother M.C.Manoharan and thereafter, they had entered into a registered partition dated 14.07.2021.

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3. The respondents shall issue notice to the petitioner and also to his brother namely M.C.Manoharan and thereafter examine the nature of possession of the two brothers and take a decision and if there are no objections, survey and measure the land. The entire exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order.

4. With the above directions, this Writ Petition is disposed of. No costs.

30.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No CM 3/5

To, 1.The District Director, Madurai District, Madurai.

2.The Tashildar, Usilampatti Taluk, Usilampatti, Madurai District.

3.The Head Surveyor, Usilampatti Town & Taluk, Usilampatti, Madurai District.

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C.V.KARTHIKEYAN, J.

CM 30.06.2023 5/5