Thangasamy .M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2022

CORAM:

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, THE CHIEF JUSTICE and THE HON'BLE MR.JUSTICE G.CHANDRASEKHARAN M.Thangasamy ... Petitioner -vs1.The District Collector, District Collector Office, Madurai District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Madurai District.

3.The Tahsildar, Tahsildar Office, Kallikudi Taluk, Madurai District.

4.The Village Administrative Officer, Village Administrative Office, Kurayur Village, Kallikudi Taluk,

Madurai District.

5.The Land Surveyor, Kallikudi, Thirumangalam, Madurai District.

6.The Superintendent of Police, Madurai Distrct.

7.The Deputy Superintendent of Police, Madurai District.

8.The Inspector of Police, Kallikudi Police Station, Kallikudi, Madurai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the respondents 1 to 5 herein to survey the Ayyanar Kovil properties in Survey Nos.1)Kurayur Bit-I, in S.Nos.56/1, 56/2, 56/3, 181/4, 182/3, 2)Bit-II S.No.5/9, 3)K.Chennampatti S.No.138/4, 4)Paraikulam S.Nos. 30/1, 25/1, 25/2 as per application dated 20.09.2021 and 02.08.2022 and further direct the respondents 6 to 8 to give protection when survey land as per representation dated 12.08.2022.

For Petitioner :

Ms.V.Jeyarani

For Respondents :

Mr.S.R.A.Ramachandran Additional Government Pleader for R.1 to R.5 : Mr.T.Senthilkumar Additional Public Prosecutor for R.6 to R.8

O R D E R

[Order of the Court was made by The Hon'ble The CHIEF JUSTICE] The Writ Petition has been filed to seek a direction on the respondents 1 to 5 to survey the Ayyanar Kovil properties in S.Nos.56/1, 56/2, 56/3, 181/4, 182/3, 2)Bit-II S.No.5/9, 3)K.Chennampatti S.No.138/4, 4)Paraikulam S.Nos.30/1, 25/1, 25/2.

2.

Learned counsel appearing for the petitioner would submit that the application to survey the temple land was given in the year 2021 along with the payment of required fee. The survey of the land has not been conducted. Thus, the petitioner was left with no other option but to prefer this writ petition.

3.

Learned Additional Government Pleader appearing for the respondents 1 to 5 submits that the survey of the land was to be carried out pursuant to the application submitted and in any case, it would be surveyed now. 4.

In view of the statement made by the Additional Government Pleader appearing for the respondents 1 to 5, this Writ Petition is disposed of with a direction to the respondents to survey the lands in S.Nos.56/1, 56/2, 56/3, 181/4, 182/3, 2)Bit-II S.No.5/9, 3)K.Chennampatti S.No.138/4, 4)Paraikulam S.Nos. 30/1, 25/1, 25/2, within a period of three months from the date of receipt of copy of this order. At the time of survey of the land, the parties interested may be put on notice so that the survey work may be conducted and completed in their presence to settle the dispute, if any, about the boundaries of the land. No costs. [M.N.B., C.J.] [G.C.S., J.] 29.08.2022 Index : Yes / No Internet :Yes / No bala/ssl

To:

1.The District Collector, District Collector Office, Madurai District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Madurai District.

3.The Tahsildar, Tahsildar Office, Kallikudi Taluk, Madurai District.

4.The Village Administrative Officer, Village Administrative Office, Kurayur Village, Kallikudi Taluk, Madurai District.

5.The Land Surveyor, Kallikudi, Thirumangalam, Madurai District.

6.The Superintendent of Police, Madurai Distrct.

7.The Deputy Superintendent of Police, Madurai District.

8.The Inspector of Police, Kallikudi Police Station, Kallikudi, Madurai.

THE HON'BLE THE CHIEF JUSTICE and G.CHANDRASEKHARAN , J.

Bala/ssl 29.08.2022