S.R.Sivaraman v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA S.R.Sivaraman .. Petitioner Vs.
1.The District Collector, Collectorate, Madurai-625 020.
2.The West Tahsildar, Office of the West Tahsildar, 3.The Head Surveyor, Officer of the West Tahsildar, 4.The Pirka Surveyor, Officer of the West Tahsildar, 5.The Village Administrative Officer, Vadapalanji Village, Madurai District.
6.The Inspector of Police, Nagamalai Pudhukkottai Police Station, Madurai District.
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents No. 3 to 5 to survey the land measuring 0-3.00 Ares in Patta No. 2230, comprised in Survey No.4/46 and Survey No.4/48, situated in Karadipatti Village, Madurai West Taluk, Madurai District and to lay survey stones thereto and also to provide police protection while the petitioner erect fence in the boards of his land within the time stipulated by this Court. For Petitioner : Mr.B.Narayan Ram For R1 - R5 : Mr.P.Thambidurai Government Advocate For R6 : Mr.G.Sanjay Gandhi Government Advocate (Crl.Side)
ORDER
This writ petition is filed for a mandamus to direct the respondents 3 to 5 to conduct survey and mark the boundaries of the property in Patta No.2230 comprised in Survey No.4/46 and Survey No.4/48 measuring an extent of 0-3.00 Ares in Patta No. 2230 situated in Karadipatti Village, Madurai West Taluk, Madurai District by obtaining adequate police protection from the 6th respondent police.
2. The case of the petitioner is that he has purchased the petition mentioned property in the name of his daughter as a power agent of his daughter on 14.07.2008. On 26.06.2024, the petitioner had applied before the 2nd respondent and had also paid necessary fee for conducting survey and demarcating the boundaries in the said property. Since no further action has been taken on the side of the respondents, the petitioner is before this Court.
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 representation as early as in June, 2024, a Mandamus is issued to the respondents 2 to 5 to conduct survey and mark the boundaries in the petition mentioned property. If there is any law and order problem, the revenue officials shall seek police protection. In such circumstances, the 6th respondent is directed to provide police protection to the revenue officials for conducting survey and demarcation. The petitioner shall submit all the relevant records to show
his 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. In the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of six (6) weeks from the date of receipt of a copy of this order.
5. With the above directions, this Writ Petition stands allowed. No costs.
12.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The District Collector, Collectorate, Madurai-625 020.
2.The West Tahsildar, Office of the West Tahsildar,
3.The Head Surveyor, Officer of the West Tahsildar, 4.The Pirka Surveyor, Officer of the West Tahsildar, 5.The Village Administrative Officer, Vadapalanji Village, Madurai District.
6.The Inspector of Police, Nagamalai Pudhukkottai Police Station, Madurai District.
P.T.ASHA, J.
gbg 12.09.2024