E.Annammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN E.Annammal ... Petitioner Vs.

1.The District Collector, 2.The Tahsildar, Madurai North Taluk Office, 3.The Taluk Assistant Inspector, Land Survey & Record, Madurai North Taluk, 4.The Inspector of Police, Sellur Police Station, 5.Kennadi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 3rd Respondent to survey and demarcate the land in Survey No.155/2 to an extent of 1308 Sq.ft at Sengol Nagar, Vilangudi (Village) Madurai District and mark the boundaries, 1/4

also provide the report to the petitioner based on the petitioner's representations dated 08.02.2024 and 03.04.2024 in accordance with law, within time frame fixed by this court.

For Petitioner : Mr.M.Vigneshkumar For Respondents : Mr.D.Sasikumar Additional Government Pleader for R1 to R3 : Mr.A.Albert James Government Advocate (Crl.side) for R4

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for R1 to R3 and the learned Government Advocate (crl.side) appearing for R4. Issuance of notice to R5 is dispensed with.

2. It is seen that the petitioner is having decree in her favour. The petitioner had filed O.S.No.743 of 2009 on the file of the Principal District Munsif Court, Madurai Town. The fifth respondent herein is figuring as first defendant. The petitioner does not have patta. But then, she is having decree in her favour. Based on the same, the third respondent has also issued survey notice on 23.02.2024. The third respondent is directed to take proceedings on their logical conclusion. Survey shall be conducted after due notice to the fifth 2/4

respondent and other adjacent land owners. It is however clarified that survey exercise cannot lead to anybody's dispossession. The petitioner cannot put up fencing on the strength of this order. The object of conducting survey is to earmark the four boundaries and install the survey stones. The third respondent will complete the survey exercise within a period of eight weeks from the date of receipt of a copy of this order.

3. With this direction to the third respondent, the Writ Petition is disposed of accordingly. No costs.

02.08.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi To 1.The District Collector, 2.The Tahsildar, Madurai North Taluk Office, 3.The Taluk Assistant Inspector, Land Survey & Record, Madurai North Taluk, 3/4

G.R.SWAMINATHAN, J.

rmi 4.The Inspector of Police, Sellur Police Station, 02.08.2024 4/4