Madras High CourtWP(MD)/21511/2023disposed of

V.Gurusamy v. The District Collector

2023-10-31Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN V.Gurusamy ... Petitioner Vs.

1.The District Collector, 2.The Superintendent of Police, 3.The Revenue Divisional Officer, Sankarankoil, Tenkasi District.

4.The Tahsildar, Sankarankoil Taluk, 5.The Land Surveyor, Sankarankoil, 6.Chockalingam 7.Senthil 8.Villayutham 9.Santhanakumar ... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 4th Respondent in his Proceedings in Na.Ka.No.Aa9/400/2023 dated 03.07.2023 and quash the same as illegal and further directing the Respondents to conduct the survey and fix the boundary stones in proper manner in respect of petitioner landed property comprised in property comprised in S.No.227 new Survey number 227/2B1 situated at Panthapuli village, Sankarankoil Taluk, Tenkasi District on the basis of the Petitioners applications dated 12.12.2022, 31.03.2023 and 27.06.2023. For Petitioner : Mr.T.Kanagaraj For Respondents : Mr.M.Siddharthan Additional Government Pleader for R1, R3, R4 & R5 : Mr.A.Albert James Government Advocate for R2

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for R1, R3, R4 & R5 and the learned Government Advocate appearing for R2.

2. The petitioner is aggrieved by the impugned memorandum dated 03.07.2023 issued by the Tahsildar, Sankarankoil. The petitioner had approached the Tahsildar, Sankarankoil for conducting survey and measurement 2/4

of the petition mentioned property. It is seen that the petitioner is having only a joint patta. The petitioner will have to obtain individual patta before applying for survey. The petitioner is permitted to submit an application for sub-division and issuance of individual patta before the 4th respondent.

3. The 4th respondent on receipt of such application of the petitioner shall issue notice to all the interested parties. Enquiry shall be conducted and final order shall be passed on merits and in accordance with law. This exercise will be completed within a period of ten weeks from the date of submission of the application by the petitioner. I make it clear that I have not gone into the merits of the matter.

4. The Writ Petition is disposed of. No costs. 31.10.2023 Index : Yes / No Internet : Yes/ No rmi To 1.The District Collector, 2.The Superintendent of Police, 3.The Revenue Divisional Officer, Sankarankoil, Tenkasi District.

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G.R.SWAMINATHAN, J.

rmi 4.The Tahsildar, Sankarankoil Taluk, 5.The Land Surveyor, Sankarankoil, 31.10.2023 4/4