Andrews G v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2023

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH G.Andrews S/o.Gnanavaram ... Petitioner Vs.

1.The District Collector, Office at District Collectorate, Madurai.

2.The Thasildhar, Thirupparankundram Taluk, Thirupparankundram, Madurai.

3.The Taluk Surveyor, Tirupparankundram Taluk, Tirupparankundram, Madurai.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the second and third respondents to survey the land and demarcate the boundary based on the petitioner's application dated 11.10.2021, in respect of the property in Survey No.49/2 in flat No.39 for the total extent of 2208 sq.ft. situate at Joneshpuram 4th Street, Pasumalai, Thirupparankundram Taluk, Madurai. Page No. 1 of 4

For Petitioner : Mr.P.Venkatesan For Respondents : M/s.D.Farjana Ghoushia Special Government Pleader

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus directing the second and third respondents to survey the subject property and demarcate the boundary based on the application made by the petitioner on 11.10.2021.

2. When the matter was taken up for hearing, the learned Special Government Pleader appearing on behalf of the respondents submitted that the adjacent land owner had objected to conducting of the survey and therefore, the survey was not conducted.

3. In the considered view of this Court, the petitioner is relying upon the Document No.229/1945 dated 08.01.1945 to trace his right and title over the property. While conducting the survey, the Document that is relied upon by the petitioner can be taken note of and if any objection is made, the objector can be directed to place the relevant Document also. Ultimately, the second respondent shall complete the process within a Page No. 2 of 4

period of six (6) weeks from the date of receipt of a copy of this order.

4. This Writ Petition is disposed of in the above terms. There shall be no orders as to costs.

20.11.2023 Index: Yes/ No Speaking order / Non-Speaking order JEN To 1.The District Collector, Office at District Collectorate, Madurai.

2.The Thasildhar, Thirupparankundram Taluk, Thirupparankundram, Madurai.

3.The Taluk Surveyor, Tirupparankundram Taluk, Tirupparankundram, Madurai.

Page No. 3 of 4

N.ANAND VENKATESH, J.

JEN 20.11.2023 Page No. 4 of 4