P. Eluva Gounder v. The District Surveyor

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and M.P.(MD).No.1 of 2014 P.Eluva Gounder ... Petitioner Vs.

1.The District Surveyor, Collectorate Building, Dindigul District.

2.The Superintendent of Police, O/o.the Superintendent of Police, Dindigul District.

3.The Inspector of Police, Guziliamparai Police Station, Vedachandur Taluk, Dindigul District.

4.M.Ramesh 5.M.Mani 6.M.Chellamal 7.V.Palaniammal 8.V.Nalluchamy ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent No.1 to survey the land of the petitioner in Survey Nos.312/1B2, 312/1B3, 312/1B4, 312/2 situated at Kalapatti, Alambadi Post, Vedachandoor Taluk, Dindigul District and fix the boundary stones with adequate police protection with the assistance of the respondents No.2 and 3 within the stipulated time prescribed by this Court.

For Petitioner : Mr.Mahaboob Fazil for Mr.T.Lajapathi Roy For R-1 to R-3 : Mr.M.Lingadurai, Special Government Pleader.

For R-4 to R-7 : No appearance.

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ORDER

This Writ Petition has been filed for a Mandamus seeking a direction to the first respondent to survey the lands of the petitioner in Survey Nos.312/1B2, 312/1B3, 312/1B4, 312/2 situated at Kalapatti, Alambadi Post, Vedachandoor Taluk, Dindigul District and to fix the boundary stones with adequate police protection with the assistance of the respondents 2 and 3 within a stipulated time to be fixed by this Court.

2.Based on a civil decree, the petitioner has sought to survey the lands. According to the petitioner, he has also paid the fees to the first respondent for the purpose of surveying and marking of boundaries in respect of his lands. But, according to him, the first respondent has not surveyed and demarcated the boundaries till date.

3.No prejudice would be caused to any of the respondents, if the survey and demarcation of boundaries pertaining to the petitioner's property is done by the first respondent after affording an opportunity to the neighbouring land owners which includes the respondents 4 to 8.

4.Accordingly, this Court directs the first respondent to survey and demarcate the lands in respect of the petitioner's aforementioned property after giving due notice to the respondents 4 to 8 and other necessary parties, if any and complete the work within a period of three (3) months from the date of receipt of a copy of this order.

5.With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To 1.The District Surveyor, Collectorate Building, Dindigul District.

2.The Superintendent of Police, O/o.the Superintendent of Police, Dindigul District.

3.The Inspector of Police, Guziliamparai Police Station, Vedachandur Taluk, Dindigul District.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate (SR-5227[F] dated 10/02/2022) +1 CC to M/s.SPL GP ( SR-5342[F] dated 10/02/2022 ) 09.02.2022 RS(21.02.2022) 3P-6C 3/3