Sivakumar.K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Sivakumar.K ... Petitioner Vs 1.The District Collector, Sivagangai District, Sivagangai.

2 The Tahsildar, Manamadurai Taluk, Sivagangai District.

3.The Surveyor, Taluk Office, Manamadurai Taluk, Sivagangai District.

4.Shanmugam

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents to survey the petitioner's property and fix boundary stones in respect of Old Survey No. 137/1, New Survey No. 292/16, 1/5

Patta No. 510, to an extent of 0.00.93 Ares situated at Vellikurichi, Manamadurai Taluk, Sivagangai District, based on the petitioner's representation dated 21.06.2023 within a time frame to be stipulated by this Court.

For Petitioner :Mr.P.Krishnasamy For R1 to R3 :Mr.G.V.Vairam Santhosh Additional Government Pleader

O R D E R

The petitioner has submitted an application on 21.06.2023 to survey his land in Old Survey No. 137/1, New Survey No. 292/16, Patta No. 510, Vellikurichi, Manamadurai Taluk, Sivagangai District and has immediately filed this writ petition for a Mandamus, directing the respondents to complete the survey within a stipulated time.

2.The learned counsel appearing for the petitioner submits that the petitioner is under the apprehension that the fourth respondent has raised certain objections and he may prevent the survey to be conducted in the petitioner's land. 2/5

3.Mr.G.V.Vairam Santhosh, learned Additional Government Pleader, who takes notice for the respondents 1 to 3 submits that the application of the petitioner has been received along with the requisite fee and it would be considered on seniority basis after issuing notice to the adjacent land owners. 4.Recording the submissions made by the learned Additional Government Pleader that the application of the petitioner is under process, this writ petition is disposed of with a direction to the respondents to conduct an enquiry as per Section 10(1) of the Tamil Nadu Survey and Boundaries Act, 1923 and thereafter proceed with the survey depending upon the outcome of the enquiry. Such exercise shall be concluded within a period of twelve weeks from the date of receipt of a copy of this order. No costs. 27.07.2023 NCC : Yes / No.

Index : Yes / No.

Internet:Yes vrn 3/5

To 1.The District Collector, Sivagangai District, Sivagangai.

2 The Tahsildar, Manamadurai Taluk, Sivagangai District.

3.The Surveyor, Taluk Office, Manamadurai Taluk, Sivagangai District.

4/5

B.PUGALENDHI, J.

vrn Order made in 27.07.2022 5/5