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Madras High CourtWP(MD)/20204/2018closed

K.Saroja (Died) v. The District Collector,

2024-01-31Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI

1. K.Saroja (died)

2. Karuppanan

3. Malakodi (Petitioners 2 and 3 are substituted as per order dated 31.01.2024 made in W.M.P.(MD)No.2839 of 2021) ... Petitioners versus

1. The District Collector, Dindigul, Dindigul District.

2. The Tahsildar, Nilakottai Taluk, Dindigul District.

3. The Surveyor, Nilakottai Taluk, Dindigul District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, directing the 2nd 1/4

respondent to survey and fix boundaries in the petitioner's lands situated in old Survey No.217/9, in new Survey Nos.708/1, 709/17 at Sirunayakanpatti, Pillaiyar Natham Village, Nilakottai Taluk, Dindigul District, based on the petitioner's representation dated 23.05.2018, within a stipulated time fixed by this Court. For Petitioners : Mr.M.Suresh For Respondents : Mr.A.Baskaran, Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus, directing the 2nd respondent to survey and fix boundaries in the petitioner's lands situated in old Survey No.217/9, in new Survey Nos.708/1, 709/17 at Sirunayakanpatti, Pillaiyar Natham Village, Nilakottai Taluk, Dindigul District, based on the representation dated 23.05.2018.

2. The learned counsel appearing for the petitioners submits that originally, this writ petition has been filed by one K.Saroja and now, she is no more. Therefore, the legal heirs of the deceased are brought 2/4

on record.

3. The learned Additional Government Pleader appearing for the respondents submits that the petitioner has not paid the required fee and therefore, survey was not conducted.

4. In view of the said submission, this writ petition is closed with liberty to the petitioners to submit a fresh application along with the required fee for conducting survey within a period of three weeks from the date of receipt of a copy of this order. On filing such application, the respondents 2 and 3 shall conduct survey, by issuing notice to the objectors, if any, as per Section 10 of the Tamil Nadu Survey and Boundaries Act, 1923 and conclude the process within a period of 12 weeks from thereon. No costs.

31.01.2024 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

3/4

B.PUGALENDHI, J.

ogy To

1. The District Collector, Dindigul, Dindigul District.

2. The Tahsildar, Nilakottai Taluk, Dindigul District.

3. The Surveyor, Nilakottai Taluk, Dindigul District.

31.01.2024 4/4