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Madras High CourtWP(MD)/19364/2023disposed of

Subramanian.P v. The District Collector

2023-08-10Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI P.Subramanian ... Petitioner versus

1. The District Collector, Thoothukudi District, Thoothukudi.

2. The Superintendent of Police, Thoothukudi District, Thoothukudi.

3. The Thasildar, Thoothukudi Taluk, Thoothukudi District.

4. The Surveyor, Mudivaithanenthal Village, Thoothukudi Taluk, Thoothukudi District.

5. The Inspector of Police, Puthukottai Police Station, Thoothukudi District.

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6. N.Subramanian ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 4th respondent to demarcate and fix four boundaries of petitioner's land which situated in Thoothukudi District, Thoothukudi Taluk, Mudivaithanenthal Village, Natham Survey No.245/1 to an extent of 39 cents and in Survey No.245/1A to an extent of 1.5 cents, as per the schedule in sale deeds, dated 21.02.1941 vide registered document No. 216/1941 and another sale deed dated 02.09.1950 vide registered document No.1341/1950 and to consider the petitioner's representation dated 21.03.2023.

For Petitioner : Mr.R.M.Suresh For R1, R3 and R4 : Ms.D.Farjana Ghoushia, Special Government Pleader For R2 and R5 : Mr.P.Kottaichamy, Government Advocate (Crl. side)

ORDER

The petitioner has submitted an application dated 21.03.2023 to the 4th respondent requesting him to survey his land. Since the said application has not been considered by the respondent, the petitioner 2/5

has filed this writ petition.

2. Ms.D.Farjana Ghoushia, learned Special Government Pleader, who takes notice for the respondents 1, 3 and 4, on instructions, submits that the petitioner has submitted his application only through a registered post, without enclosing a challan for the payment of survey. She further submits that the Department is adopting a procedure by entertaining these types of applications only through online. In the event the petitioner submits an application through online by enclosing necessary payment for surveying his land, it would be considered as expeditiously as possible.

3. In view of the said submission, this writ petition is disposed of with a direction to the petitioner to submit a fresh application through online by enclosing a challan for the payment of surveying his land, within a period of two weeks from the date of receipt of a copy of this order. If any such application is filed by the petitioner, the 4th 3/5

respondent shall consider the same and take a decision within a period of four months from the date of receipt of that application. No costs. 10.08.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To

1. The District Collector, Thoothukudi District, Thoothukudi.

2. The Superintendent of Police, Thoothukudi District, Thoothukudi.

3. The Thasildar, Thoothukudi Taluk, Thoothukudi District.

4. The Surveyor, Mudivaithanenthal Village, Thoothukudi Taluk, Thoothukudi District.

5. The Inspector of Police, Puthukottai Police Station, Thoothukudi District.

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B.PUGALENDHI, J.

ogy 10.08.2023 5/5