Murugan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Murugan .. Petitioner Vs.

1.The District Collector, Theni, Theni District.

2.The Tahsildar, Office of the Taluk Office, Aundipatti Taluk, Theni District.

3.The Head Surveyor, Office of the Taluk Office, Aundipatti Taluk, Theni District.

4.The Inspector of Police, Rajadhani Police Station, Theni District.

5.Ramar 6.Manikandan 7.Murugan

8.Vasantha 9.Thangapandi 10.Tamilselvi 11.Tamilkodi 12.Vijayarani 13.Rasathi 14.Rajkumar 15.Ramkumar 16.Rangini .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing respondents 2 and 3 to survey and demarcate petitioner's landed properties to an extent of 3 Acre 90 cents comprised in Survey No.1234/1B and 2 Acre 38 cents comprised in Survey No.1234/2A both properties situate at Mottanoothu Village, Aundipatti Taluk, Theni District on the basis of the petitioner's application dated 02.07.2024 within the time frame as fixed by this Court.

For Petitioner :

Mr.B.Arun For R1 to R3 :

Mr.B.Saravanan Additional Government Pleader For R4 :

Mr.Vaikkam Karunanithi Government Advocate

ORDER

The petitioner has filed this writ petition for a mandamus to respondents 2 and 3 to survey and demarcate his landed properties to an extent of 3 Acres 90 cents comprised in Survey No.1234/1B and 2 Acres 38 cents comprised in Survey No.1234/2A, both situate at Mottanoothu Village, Aundipatti Taluk, Theni District, on the basis of his application dated 02.07.2024.

2. It is informed by the learned Additional Government Pleader that even as early as on 31.07.2024, respondents 2 and 3 attempted to survey the petitioner's lands. However, they are unable to step-in to the property to conduct the survey, as the entire land is covered by karuvela trees. He would submit that as and when the trees are removed by the petitioner, respondents 2 and 3 are ready to conduct the survey work.

3. In the light of the submission made by the learned Additional Government Pleader, this Writ Petition is allowed with directions. The

petitioner shall take necessary steps to remove the karuvela trees, address the respondents about the same and within a week thereafter, respondents 2 and 3 shall conduct survey of the petition mentioned land and demarcate the same. No costs.

30.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The District Collector, Theni, Theni District.

2.The Tahsildar, Office of the Taluk Office, Aundipatti Taluk, Theni District.

3.The Head Surveyor, Office of the Taluk Office, Aundipatti Taluk, Theni District.

4.The Inspector of Police, Rajadhani Police Station, Theni District.

P.T.ASHA, J.

abr Dated: 30.08.2024