Sankaralingam v. The District Collector
W.P(MD).No.21006 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2021
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.21006 of 2021 Sankaralingam ... Petitioner Vs.
1. The District Collector, Virudhunagar District, Virudhunagar.
2. The Thasildar, Taluk Office, Watiraairuppu, Virudhunagar District.
3. The Surveyor, Vadugapatti Surveyor, Watiraairuppu Taluk, Virudhunagar District.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the second and third respondents to survey the petitioner's property situated at Survey Nos.523/1A, 523/1B, 523/2, 525/1B and 525/2 of Kalaththur Village, Wathirappu Taluk, Virudhunagar District, by considering the petitioner's representation dated 16.11.2021 within the stipulated time fixed by this Court. For Petitioner : Mr.T.Palanisamy For Respondents : Mr.J.John Rajadurai Government Advocate(Civil)
ORDER
The writ petition has been filed in the nature of Mandamus, seeking a direction to the second and third respondents/Thasildar and Surveyor, Vadugapatti Taluk, Watiraairuppu Taluk, Virudhunagar District to Survey the land of the petitioner in S.Nos.523/1A, 523/1B, 523/2, 525/1B and 525/2 at Kalaththur Village, Wathirappu Taluk, Virudhunagar District . The petitioner had given a representation on 16.11.2021.
2.Heard the learned Counsel for the petitioner and Mr.J.John Rajadurai, learned Government Advocate for the respondents. 3.The contention of the petitioner is that the property, is a joint family property along with the petitioner and his two brothers. They had acquired the property and they are in continuous possession.
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W.P(MD).No.21006 of 2021 4.Mr.J.John Rajadurai, learned Government Counsel, also stated that the petitioner and two of the brothers are in possession of the property and it is Inam property.
5.Let a direction be issued to the second and third respondents to issue a notice to the petitioner and also to his brothers, examine the relationship, examine the documents submitted by the petitioner and thereafter come to subjective satisfaction with respect to the request made by the petitioner in the representation, and then proceed to do the necessary needful within a period of 12 weeks from the date of receipt of a copy of this order.
6.With the above direction, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (RECORDS) // True Copy // / /2021 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.
To
1. The District Collector, Virudhunagar District, Virudhunagar.
2. The Thasildar, Taluk Office, Watiraairuppu, Virudhunagar District.
3. The Surveyor, Vadugapatti Surveyor, Watiraairuppu Taluk, Virudhunagar District.
+1 CC to M/s.SPL GP ( SR-38342[F] dated 13/12/2021 ) +1 CC to M/s.T.PALANISAMY, Advocate (SR-38695[F] dated 14/12/2021) W.P(MD).No.21006 of 2021 09.12.2021 USK (20.12.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2