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Madras High CourtWP(MD)/16866/2023disposed of

Sakthivel.P v. The District Collector

2023-08-11Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI P.Sakthivel ... Petitioner versus

1. The District Collector, The District Collector Office,

2. The Tahsildar,

3. Taluk Surveyor,

4. Nehru (R4 is impleaded by order dated 11.08.2023) ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondents especially 3rd respondent to survey the land in Survey No. 1/4

451/2B1B measuring Hectare 0.81.0 ares in Kolakkudi Village, Thottiyam Taluk, Trichy District and fix the boundary by considering the petitioner's application vide payment challan dated 26.04.2023 within the time frame fixed by this Court.

For Petitioner : Mr.M.Karthick For Respondents : Mr.G.V.Vairam Santhosh, Additional Government Pleader

ORDER

The petitioner has submitted an application dated 26.04.2023 to the respondents requesting them to survey his land in Survey No. 451/2B1B situated at Kolakkudi Village, Musuri Taluk, Thottiyam Post, Trichy District. Since the said application has not been considered, the present writ petition is filed.

2. Mr.G.V.Vairam Santhosh, learned Additional Government Pleader, on instructions, submits that based on the petitioner's application, the survey officials have visited the place, at that point of time, the 4th respondent has raised certain objections and therefore, survey could not be conducted.

2/4

3. If there is any objection, the Survey Officer is supposed to issue a notice to the objectors as contemplated under Section 10 of Tamil Nadu the Survey and Boundaries Act, 1923 and thereafter, he has to take a decision.

4. Accordingly, this writ petition is disposed of with a direction to the third respondent to issue notice to the objectors and thereafter, take a decision in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs. 11.08.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To

1. The District Collector, The District Collector Office,

2. The Tahsildar, 3/4

B.PUGALENDHI, J.

ogy

3. Taluk Surveyor, 11.08.2023 4/4