Madras High CourtWP(MD)/10946/2015allowed

Valliammai v. The District Collector

2023-09-15Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.10946 OF 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.10946 of 2015 AND M.P.(MD)Nos.1 and 2 of 2015 Valliammai ... Petitioner Vs.

1. The District Collector, District Collectorate, Madurai District, Madurai-20.

2. The Tahsildar, Melur Taluk, Madurai District.

3. The District Surveyor, Department of Survey, District Collectorate, Madurai District.

4. The Junior Engineer, Public Works Department, Periyar Main Irrigation Channel, Division No.2, Madurai District. ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned proceedings of the fourth respondent in letter No.Ko-1/E.Po.2/2015/Edaiyapatti dated 23.06.2015 and quash the same, consequently, directing the third respondent to conduct survey of the land in survey No.159/3 of Veppadappu Village, Katayampatti, Melur Taluk, Madurai District and to fix the boundaries.

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2 W.P.(MD)NO.10946 OF 2015 For Petitioner : Mr.T.Amjadkhan For Respondents: Mr.S.Ra.Ramachandran, Additional Government Pleader.

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O R D E R

Heard the learned counsel on either side.

2. The impugned communication addressing the writ petitioner is bereft of details. No survey number has been mentioned. The petitioner is having patta land in survey No.159/3. The water body is comprised in survey No.161. Proper survey notice has to be issued to the petitioner and only thereafter the fourth respondent may pass an order afresh on merits and in accordance with law.

3. With this liberty to the fourth respondent, the impugned communication is set aside. This writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed.

15.09.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No 2/4

3 W.P.(MD)NO.10946 OF 2015 PMU To:

1. The District Collector, District Collectorate, Madurai District, Madurai-20.

2. The Tahsildar, Melur Taluk, Madurai District.

3. The District Surveyor, Department of Survey, District Collectorate, Madurai District.

4. The Junior Engineer, Public Works Department, Periyar Main Irrigation Channel, Division No.2, Madurai District.

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4 W.P.(MD)NO.10946 OF 2015 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.10946 of 2015 15.09.2023 4/4