Alagarsami. R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)No.16481 of 2023 R.Alagarsami ... Petitioner versus

1. The District Collector, Collectorate, Madurai.

2. The Tahsildar, Office of the Tahsildhar,

3. The Block Development Officer, Sedapatti Panchayat Union,

4. The Taluk Sub Inspector of Survey, 1/6

5. The Village Administrative Officer, Saptur Village,

6. Gurusami

7. Tamizhselvam

8. Sundaramoorthi

9. Senthattinanban ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned proceedings of the 4th respondent in Na.Ka.S.No.4957/2023 dated 27.07.2023 and quash the same as illegal and consequently direct the 4th respondent herein not to survey the petitioner's properties on the basis of the petitioner's representation dated 31.07.2023.

For Petitioner : Mr.M.Suresh For R1, R2, R4 and R5 : Mr.G.V.Vairam Santhosh, Additional Government Pleader For R3 : Mr.A.Kannan, Additional Government Pleader 2/6

ORDER

The petitioner has filed this writ petition challenging the notice dated 27.07.2023 issued by the 4th respondent/the Taluk Sub Inspector of Survey, Peraiyur Taluk, informing the date of survey to be conducted on 31.07.2023, based on the application filed by the 6th respondent.

2. If anybody is raising certain objections while conducting survey, the Survey Officer is supposed to issue a notice as contemplated under Section 10 of the Tamil Nadu Survey and Boundaries Act, 1923 and thereafter, he has to take a decision based on the objections received from the objectors.

3. In this case, the impugned notice itself has been issued calling upon the concerned parties to establish their rights over the properties, where survey is to be conducted. If the petitioner is having any objection, he can very well submit his objections before the 4th 3/6

respondent.

4. The learned counsel appearing for the petitioner submits that the petitioner has already submitted his objections on 31.07.2023.

5. Considering the said submission, the 4th respondent shall consider the petitioner's objection and thereafter, take a decision in accordance with law.

6. Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 17.08.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

4/6

To

1. The District Collector, Collectorate, Madurai.

2. The Tahsildar, Office of the Tahsildhar,

3. The Block Development Officer, Sedapatti Panchayat Union,

4. The Taluk Sub Inspector of Survey,

5. The Village Administrative Officer, Saptur Village, 5/6

B.PUGALENDHI, J.

ogy 17.08.2023 6/6