Natarajan V v. The District Collector

1 W.P.(MD)NO.19128 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.19128 of 2022 V.Natarajan ... Petitioner Vs.

1 The District Collector, Madurai District, Madurai.

2 The District Revenue Officer, Madurai District, Madurai.

3 The Revenue Divisional Officer, Melur Sub Division, Madurai.

4 The Tahsildar, Melur Taluk, Madurai District.

5 N.Thonthi 6 N.Selvamani 7 N.Chellammal 8 N.Raja 9 N.Sundaram ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 4th respondent to consider the petitioner's representation dated 25.07.2022 for 1/5

2 W.P.(MD)NO.19128 OF 2022 conducting survey and earmarking the boundary stone in the land in Survey No.582/1A an extent of 2 Acre 83 cents as per the UDR records which is situated at Melavalavu Village, Melur Taluk, Madurai District. For Petitioner : Ms.S.Latha For R-1 to R-4 : Mr.M.Sarangan, Additional Government Pleader.

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O R D E R

Heard the learned counsel on either side.

2. Considering the nature of relief to be granted, issuance of notice to the private respondents is dispensed with.

3. The petitioner has applied to the jurisdictional authority for conducting survey of the petition mentioned lands and for demarcation of the boundaries. Since the authority had not acted upon the petitioner's request, this writ petition came to be filed.

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3 W.P.(MD)NO.19128 OF 2022

4. The Writ Petition is disposed of with the following directions:- (I) The survey authority will issue notice to the writ petitioner as well as the adjacent land owners and also to the interested persons, if any.

(II) Enquiry shall be held. During enquiry, objections raised by the adjacent land owners / interested persons shall be considered.

(III) If according to the jurisdictional authority, the objections are without any basis, the same shall be overruled and the objectors shall be informed accordingly. But the survey will be conducted only after a period of six weeks so that the objector can move the concerned Court for injunction. If before the proposed date of survey, the objector is unable to obtain any injunction order, the survey can very well go on.

(IV) If the jurisdictional authority finds objections to be having substance, then, he shall call 3/5

4 W.P.(MD)NO.19128 OF 2022 upon the applicant to move the jurisdictional civil Court for agitating his rights.

(V) If required, the survey authority is empowered to seek aid of the jurisdictional police and the jurisdictional police are mandated to grant police protection.

No costs.

23.08.2022 Index : Yes / No Internet : Yes/ No PMU To:

1 The District Collector, Madurai District, Madurai.

2 The District Revenue Officer, Madurai District, Madurai.

3 The Revenue Divisional Officer, Melur Sub Division, Madurai.

4 The Tahsildar, Melur Taluk, Madurai District.

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5 W.P.(MD)NO.19128 OF 2022 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.19128 of 2022 23.08.2022 5/5