Thangamuthu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2024

CORAM

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

1.The District Collector, Dindigul District, Dindigul.

2.The District Revenue Officer, Dindigul District, Dindigul.

3.The Tahsildar, Dindigul East Taluk, Dindigul, Dindigul District.

4.The Sruveyor, Taluk Office, Dindigul East Taluk, Dindigul, Dindigul District.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, to direct the respondents to survey the petitioner's properties and fix boundary stones in respect of survey No.72/2B3 to an extent of 40 cents situated at Enakkalapuram Village, Dindigul East Taluk, Dindigul District, based on the petitioner's representation dated 15.05.2024 and 19.06.2024 within a time frame to be stipulated by this Court.

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For Petitioner : Mr.K.Asok Kumar Ram For Respondents : Mr.D.S.Neduchezian, Government Advocate.

ORDER

This writ petition is filed for a mandamus to direct the respondents to survey the petitioner's properties and fix boundary stones in respect of survey No.72/2B3 to an extent of 40 cents situated at Enakkalapuram Village, Dindigul East Taluk, Dindigul District, based on the petitioner's representation dated 15.05.2024 and 19.06.2024 within a time frame. 2.The case of the petitioner is that the petitioner's father executed settlement deed in favour of the petitioner and his brother, in respect of the above said property and the Revenue Authorities issued joint patta in favour of them. Thereafter, the petitioner sent representations dated 15.05.2024 and 19.06.2024 for survey and fixing boundaries. Since the representations did not evoke any response, the petitioner has approached this Court.

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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 as early as in June, 2024, a mandamus is issued to the respondents to conduct survey and subdivide the petition mentioned property. The petitioner shall submit all the relevant records to show their 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 six weeks from the date of receipt of a copy of this order. Police protection will be granted, since the officials anticipated law and order problem.

5. With the above directions, this Writ Petition is allowed. No costs. 11.09.2024 Index:Yes/No Internet:Yes/No gns 3/5

To 1.The District Collector, Dindigul District, Dindigul.

2.The District Revenue Officer, Dindigul District, Dindigul.

3.The Tahsildar, Dindigul East Taluk, Dindigul, Dindigul District.

4.The Sruveyor, Taluk Office, Dindigul East Taluk, Dindigul, Dindigul District.

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P.T.ASHA,J.

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