Madras High CourtWP(MD)/18396/2021disposed of

Annadurai v. The District Collector

2022-04-05Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Annadurai

...Petitioner

vs.

1.The District Collector, Office of the District Collector, 2.The Tahsildar, office of the Tahsildar, Sirumalai Taluk, Dindigul District.

3.The Head Surveyor, Office of the Head Surveyor, Sirumalai Taluk, Akkaiyampatti Village, Dindigul District.

4.The Village Administrative Officer, Office of the Village Administrative Officer, Sirumalai Taluk, Akkaiyampatti Village, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 3 and 4 to survey the petitioner's land in S.No.110/1A2B with the extent of 1 acre 37 cents in patta No.2357 situated at Sirumalai Taluk, Dindigul District.

For Petitioner :Mrs.S.Prabha For Respondents :Mr.M.Lingadurai Special Government Pleader

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents 3 and 4 to survey the petitioner's land in S.No.110/1A2B with an extent of 1 acre 37 cents in patta No.2357 situated at Sirumalai Taluk, Dindigul District, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 20.09.2021 seeking for survey in respect of the aforementioned property, which he claims that it belongs to him absolutely. Since the said representation has not been considered till date, this Writ Petition has been filed. 1/3

3.Heard Mrs.Prabha, learned Counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader appearing on behalf of the respondents.

4.The petitioner has produced documents in support of his case that he is the owner of the aforementioned property. He has sought for a survey by appointment of a Surveyor and the petitioner has given a representation on 20.09.2021 for the said purpose. 5.No prejudice would be caused to the respondents, if the representation of the petitioner dated 20.09.2021 is considered on merits and in accordance with law, after hearing the petitioner as well as the rival claimants, if any.

6.Accordingly, this Court directs the respondent 3 and 4 to survey the petitioner's property in S.No.110/1A2B with an extent of 1 acre 37 cents in patta No.2357 situated at Sirumalai Taluk, Dindigul District, after giving notice to the petitioner and rival claimants, if any, within a period of twelve [12] weeks from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To 1.The District Collector, Office of the District Collector, 2.The Tahsildar, office of the Tahsildar, Sirumalai Taluk, Dindigul District.

3.The Head Surveyor, Office of the Head Surveyor, Sirumalai Taluk, Akkaiyampatti Village, Dindigul District.

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4.The Village Administrative Officer, Office of the Village Administrative Officer, Sirumalai Taluk, Akkaiyampatti Village, +1 CC to M/s.S. PRABHA, Advocate ( SR-16786[F] dated 06/04/2022 ) +1 CC to M/s.SPL.GP ( SR-17220[F] dated 07/04/2022 ) 05.04.2022 SG(CO) KB(11.04.2022) 3P 7C 3/3