M.Krishnan, S/O.Muthu Thevar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)Nos.1 and 2 of 2015 M.Krishnan ... Petitioner Vs.

1.The District Collector, O/o. the District Collector, Madurai, Madurai District.

2.The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, 3.The Tahsildhar, 4.The District Surveyor, O/o. the District Surveyor, Madurai District, Madurai.

5.The Taluk Surveyor, Collectorate Building, 1/6

6.The Inspector of Police, Sellur Police Station, 7.Seniraj ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in O.Mu.No.S.2/11615/15 dated 25.09.2015 on the file of the respondent No.3 and quash the same as illegal and consequently direct the Respondent No.4 to survey the land of the petitioner at in Survey No.141/4E situated at Uppukadai Street, Melavaithayanathapuram, Madurai District and fix the boundary stones with adequate police protection and consequently direct the respondent No.3 to grant patta for the properties in Survey No.141/4E Situated at Uppukadai Street, Melvaithyanathapuram, Madurai District within the stipulated time prescribed by this Court.

For Petitioner : Mr.S.Rajasekar For Respondents : Mr.D.Gandhiraj, Spl. Government Pleader for R1 to R6.

Mr.D.Srinivasaragavan for R7.

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ORDER

Heard the learned counsel on either side.

2.The petitioner had filed writ petition before this Court for conducting survey of the petition mentioned land. The jurisdictional Tahsildar informed the petitioner that survey had been conducted and four boundaries have been fixed. The communication issued by the jurisdictional Tahsildar contained enclosures. The same was put to challenge in this writ petition.

3.The stand of the writ petitioner is that the survey was conducted in the absence of the petitioner and without giving him any notice. 4.When the matter was taken up for hearing, the learned Special Government Pleader submitted that the writ petitioner passed away on 24.05.2018 and that his wife does not want to pursue the matter. 3/6

5.In view this subsequent development, this writ petition is closed as abated. It is open to the legal heirs of the writ petitioner to file fresh writ petition on the same cause of action. No costs. Consequently, connected miscellaneous petitions are closed. 22.08.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, O/o. the District Collector, Madurai, Madurai District.

2.The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, 3.The Tahsildhar, 4.The District Surveyor, O/o. the District Surveyor, Madurai District, Madurai.

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5.The Taluk Surveyor, Collectorate Building, 6.The Inspector of Police, Sellur Police Station, 5/6

G.R.SWAMINATHAN, J.

ias 22.08.2023 6/6