Saratha v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD).No.17133 of 2023 Saratha ... Petitioner Vs 1.The District Collector, O/o. Madurai Collectorate, Madurai.
2.The Tahsildar, O/o. Thirumangalam Taluk Office, Vadipatti, Madurai.
3.The Firga Surveyor, Thirali Bit-I Firga, Department of Land Survey, Tirumangalam Taluk Office, Tirumangalam, Madurai.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1/5
respondents 2 & 3 to carry out the appropriate survey and demarcate the boundaries of the petitioner's own land in S.No. 129/1B, measuring an extent of 31.00 Ares, S.No. 129/1D, measuring an extent of 6.00 Ares, S.No. 129/1F, measuring an extent of 3.00 Ares, contains in Patta no. 3448 situated at Thirali Revenue Village Bit-I, Tirumangalam Taluk, Madurai District and consequently produce the same survey report to the petitioner as per law based on the petitioner's survey payment Challan Application no. 20230119004178 dated 19.01.2023 within a stipulated time.
For Petitioner : Mr.A.K.Gopalan For Respondents : Mr.M.Sarangan Additional Government Pleader
O R D E R
The petitioner has applied for survey of his lands on 19.01.2023 and has filed this writ petition with a grievance that his application has not been considered so far.
2.Mr.M.Sarangan, learned Additional Government Pleader who takes notice for the respondents on instructions submits that based on the petitioner's application, the officials have visited the petitioner's 2/5
land twice on 20.01.2023 and 06.06.2023 and the adjacent land owners have raised certain objections. Therefore, the survey could not be completed.
3.Considering the submissions made by the learned Additional Government Pleader, this writ petition is disposed of with a direction to the third respondent to cause notice to the adjacent land owners and objectors, if any, under Section 10(1) of the Tamil Nadu Survey and Boundaries Act, 1923, conduct an enquiry and shall survey the land within a period of six weeks from the date of receipt of a copy of this order. No costs.
17.07.2023 NCC : Yes / No.
Index : Yes / No.
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To 1.The District Collector, O/o. Madurai Collectorate, Madurai.
2.The Tahsildar, O/o. Thirumangalam Taluk Office, Vadipatti, Madurai.
3.The Firga Surveyor, Thirali Bit-I Firga, Department of Land Survey, Tirumangalam Taluk Office, Tirumangalam, Madurai.
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B.PUGALENDHI, J.
vrn Order made in WP(MD).No.17133 of 2023 17.07.2023 5/5