Madras High CourtWP(MD)/21977/2021disposed of

Shanmugam C.R v. The District Collector

2021-12-13Honourable Mr Justice C.V. Karthikeyan2 pages

W.P(MD)No.21977 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD)No.21977 of 2021 C.R.Shanmugam ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Sivagangai District.

2.The Tahsildar, Thiruppathur Taluk Office, Thiruppathur, Sivagangai District.

3.The Taluk Surveyor, Thiruppathur Taluk Office, Thiruppathur, Sivagangai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to conduct survey, measure and fix the four boundary stones in respect of petitioner's property comprised in Survey No.646/1-C situated at A.Therkoor village, Thiruppathur taluk, Sivagangai District, on the basis of his application dated 12.10.2020 and 05.07.2021 within the time stipulated by this Court. For Petitioner : Mr.K.Muthumalai For Respondents : Mr.D.Ghandiraj Special Government Pleader

ORDER

This writ petition has been filed in the nature of Writ of Mandamus, seeking to survey, measure and fix four boundaries with respect to the property in survey No.646/1C situated at A.Therkoor village, Thiruppathur taluk, Sivagangai District. The petitioner had given a representation on 12.10.2020 and again on 05.07.2021. 2.It is claimed by the petitioner that the revenue documents are infavour of the petitioner. He also states that he is the owner of the aforesaid property. He wanted to conduct survey and demarcate the boundaries. He had made necessary application on 12.10.2020, but however, since there has been no response this present writ petition has been filed. The learned counsel for the petitioner states that the adjacent land owners are creating some trouble over the particular aspect.

3.Direction is issued to the second respondent/ The Tahsildar, Thiruppathur Taluk Office, Thiruppathur, Sivagangai District, with https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.21977 of 2021 the help of the third respondent / The Taluk Surveyor, Thiruppathur Taluk Office, Thiruppathur, Sivagangai District, to examine the application of the petitioner dated 12.10.2020 on which date, the petitioner had also paid necessary fees to the Treasury, thereafter issue notice to the petitioner and also issue notice to the adjacent land owners and examine the document of the petitioner. If the second respondent is satisfied, he may proceed to conduct survey the petitioner's land. If the second respondent has any objection to conduct survey, then he may pass an order and inform the petitioner about the reasons for the same. The entire exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order.

4.With these observations, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) pnn 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, Office of the District Collector, Sivagangai District.

2.The Tahsildar, Thiruppathur Taluk Office, Thiruppathur, Sivagangai District.

3.The Taluk Surveyor, Thiruppathur Taluk Office, Thiruppathur, Sivagangai District.

+1 CC to M/s.SPL GP ( SR-38585[F] dated 14/12/2021 ) W.P(MD)No.21977 of 2021 13.12.2021 MA(CO) KB(22.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2