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Madras High CourtWP(MD)/18115/2025disposed of

A.Muthaiya v. The District Collector,

2025-07-04Honourable Mr Justice S. Sounthar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR A.Muthaiya ... Petitioner Vs.

1.The District Collector, Virudhunagar District.

2.The Revenue Divisional Officer, Vathirairuppu Taluk, Virudhunagar District.

3.The Tahsildar, Vathirairuppu Taluk, Virudhunagar District.

4.The Village Administrative Officer, V.Pudupatti Revenue Village, Vathirairuppu Taluk, Virudhunagar District.

5.M.Arumugam 6.V.Pandi 7.The Inspector of Police, Vathirairuppu Police Station, Virudhunagar District.

... Respondents

Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing respondents 1 to 4 to forthwith carry out the re-survey of the petitioners land in Survey No. 473/1, measuring 1 acre 60 cents, patta no. 1398 situated in Anaikaraipatti Village, V.Pudupatti Revenue Village, Vathirayiruppu Taluk, Virudhunagar District and further directing the 7th respondent to provide necessary police protection to the Revenue Officials and the petitioner to conduct the land survey without interference from 5th and 6th respondents.

For Petitioner : Mr.N.Sudhagar Nagaraj For R1 to R4 : Mr.A.Baskaran Additional Government Pleader For R7 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side)

ORDER

The petitioner herein seeks a direction to the respondents 1 to 4 to carry out resurvey of his land situated in Survey No. 473/1, measuring 1 acre 60 cents, Patta no. 1398 situated in Anaikaraipatti Village, V.Pudupatti Revenue Village, Vathirayiruppu Taluk, Virudhunagar District.

2. According to the petitioner, the subject property is an ancestral property. The patta for the subject property stands in the name of the petitioner in patta No.1398. Earlier at the instance of the petitioner, the subject property was surveyed by the respondents. However, the petitioner is not satisfied. Hence, he submitted an application seeking resurvey of the property on 26.03.2025. The same has not been considered. Hence the petitioner has come before this Court.

3. Learned Additional Government Pleader who takes notice for the respondent would submit that the petitioner has not submitted proper online application for resurvey of the property.

4. In view of the same, without expressing any opinion on the merits of the matter, the petitioner is directed to submit proper online application before the third respondent within a period of 2 weeks from the date of receipt of a copy of this order. On filing online application, the third respondent shall considered the same and pass final orders on its own merits within a further period of eight weeks after issuing notice

to the petitioner, private respondent Nos. 5 and 6 and other interested parties.

5. With the above direction, this writ petition stands disposed of. No costs.

04.07.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No pnn

To 1.The District Collector, Virudhunagar District.

2.The Revenue Divisional Officer, Vathirairuppu Taluk, Virudhunagar District.

3.The Tahsildar, Vathirairuppu Taluk, Virudhunagar District.

4.The Village Administrative Officer, V.Pudupatti Revenue Village, Vathirairuppu Taluk, Virudhunagar District.

5.The Inspector of Police, Vathirairuppu Police Station, Virudhunagar District.

S. SOUNTHAR , J.

pnn Dated: 04.07.2025