Muniyandi. K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA K.Muniyandi .. Petitioner Vs.

1.The District Collector, Madurai Distirct, Madurai.

2.The Tashildar, Melur Taluk, Madurai District.

3.The Surveyor, Taluk Office, Melur Taluk, Madurai District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to survey the petitioner's properties and fix boundary stones in respect of survey No.626/41 to an extent of 0.00.88.0 Ares (3 cents) situated at

Narasingampatti Village, Melur Taluk, Madurai District, based on the petitioner's representation dated 14.07.2024 within a time frame to be stipulated by this Court.

For Petitioner :

Mr.K.Ramar For Respondents :

Mr.P.Thambidurai Government Advocate

ORDER

This writ petition is filed for a mandamus directing the respondents to survey the petitioner's properties and fix boundary stones, in respect of survey No.626/41 to an extent of 0.00.88.0 Ares (3 cents) situated at Narasingampatti Village, Melur Taluk, Madurai District, based on the petitioner's representation dated 14.07.2024. 2.The case of the petitioner is that the aforementioned property was originally owned by him through the proceedings Na.Ka.A.4975/98 dated 17.06.1998 issued by the second respondent and also issued patta in his name. Thereafter, he is in possession and enjoyment of the same. Since he was not able to identify the boundaries of his portion, he

decided to fence his property. Therefore, he made an application to the respondents on 03.06.2024 in person and also paid necessary fees. Again he applied an application on 14.07.2024 and paid survey fees through challan. Pursuant to which, the second respondent issued notice to the petitioner on 28.08.2024, but no survey was conducted. Hence, the present writ petition is filed.

3. Heard the learned counsel on either side.

4. Considering the request of the petitioner and also the fact that the petitioner has made his representations on 14.07.2024, a mandamus is issued to the respondents to conduct survey and fix boundary stones in the petition mentioned property. The petitioner shall submit all the relevant records to show the title to the property and the respondents shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter proceed to pass orders either surveying and subdividing the property or rejecting the request. In the case of a rejection, a speaking order shall be passed. The aforesaid

exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition stands allowed. No costs.

19.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes Ns To 1.The District Collector, Madurai Distirct, Madurai.

2.The Tashildar, Melur Taluk, Madurai District.

3.The Surveyor, Taluk Office, Melur Taluk, Madurai District.

P.T.ASHA, J.

Ns Dated: 19.09.2024