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Madras High CourtWP(MD)/19298/2023disposed of

Karuppasamy. M v. The District Collector

2023-08-09Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI M.Karuppasamy ... Petitioner Vs 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Tahsildar, Eral Taluk, Thoothukudi District.

3.The Taluk Surveyor, Eral Taluk, Thoothukudi District.

4.Narayana Kannan

...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 2 & 3 to survey and demarcate the land in Survey No.240/191B to an extent of 0.1.12 arce situated at Angamangalam Village, Azhagappapuram Panchayath, Alwarthirunagari Union, 1/5

Thoothukudi District based on the petitioner's application dated 01.07.2022 and 12.12.2022.

For Petitioner : Mr.M.Maran For R1 to R3 : Mr.M.Sarangan Additional Government Pleader

O R D E R

The petitioner has applied for survey of his land in Survey No.240/191B, Angamangalam Village, Azhagappapuram Panchayath, Alwarthirunagari Union, Thoothukudi District on 01.07.2022 and has filed this writ petition that his application has not been considered by the respondents so far. 2.Mr.M.Sarangan, learned Additional Government Pleader, who takes notice for the respondents on instructions submits that based on the petitioner's application, the Survey officer has visited the petitioner's land on 23.09.2022. However, in view of the objections raised by the fourth respondent, the survey could not be completed.

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3.Considering the submissions made by the learned Special Government Pleader, this writ petition is disposed of with a direction to the Survey Officer to conduct an enquiry under Section 10(1) of the Tamil Nadu Survey and Boundaries Act, 1923 after issuing notice to the adjacent land owners including the fourth respondent and on completion of an enquiry, the Survey officer shall proceed with the survey accordingly. Such exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs.

09.08.2023 NCC :Yes/No Index :Yes/No Internet:Yes vrn 3/5

To 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Tahsildar, Eral Taluk, Thoothukudi District.

3.The Taluk Surveyor, Eral Taluk, Thoothukudi District.

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B.PUGALENDHI, J.

vrn Order made in 09.08.2023 5/5