Madras High CourtWP(MD)/19164/2024allowed

P.Palani v. The District Collector

2024-08-08Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA P.Palani .. Petitioner Vs.

1.The District Collector, District Collectorate Building, Madurai-625 020.

2.The Tahsildar, Usilampatti Taluk, Usilampatti, Madurai-625 532.

3.The Head Surveyor, Usilampatti Taluk, Usilampatti, Madurai-625 532.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation, dated 05/07/2024 to comprise in Madurai District, Usilampatti Taluk, Veppanuthu Village comprised in Survey No.193/6C2.

For Petitioner :

Mr.K.Sudalaiyandi For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed for a Mandamus to direct the respondents to consider the representation of the petitioner, dated 05.07.2024 for conducting survey and fixing the boundaries of the property comprised in Survey No.193/6C2, Veppanuthu Village, Usilampatti Taluk, Madurai District.

2. The case of the petitioner is that the petition mentioned property belongs to him. On 23.05.2024, the petitioner had paid necessary fees for conducting survey in the said property. Since there was no further action on the side of the respondents, the petitioner had made a representation to the respondents on 05.07.2024 for surveying the property. Despite the same has been received by the respondents, no action has been taken. Hence, the petitioner has approached this Court.

3. Heard the learned counsel on either side.

4. Considering the request of the petitioner and also the fact that the petitioner has made his representation as early as in July, 2024, a Mandamus is issued to the respondents to conduct survey and mark the boundaries in the petition mentioned property. The petitioner shall submit all the relevant records to show his title to the property and the respondents shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter proceed to pass orders either surveying and demarcating the property or rejecting the request. In the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of six (6) weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition stands allowed. No costs.

08.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg

To 1.The District Collector, District Collectorate Building, Madurai-625 020.

2.The Tahsildar, Usilampatti Taluk, Usilampatti, Madurai-625 532.

3.The Head Surveyor, Usilampatti Taluk, Usilampatti, Madurai-625 532.

P.T.ASHA, J.

gbg 08.08.2024