Madras High CourtWP(MD)/22067/2023disposed of

Ramesh v. The Tahsildhar

2023-09-11Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Ramesh ... Petitioner Vs 1.The Tahsildhar, Thiruvadanai Taluk, Ramanathapuram District.

2.The Assistant Director, District Survey Office, Collectorate, Ramanathapuram, Ramanathapuram District.

3.The Deputy Inspector of Surveyor, Taluk Survey Office, Thiruvadanai Taluk, Ramanathapuram District.

4.The Inspector of Police, SP Pattinam Police Station, Ramanathapuram 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 1/5

respondents 1 to 3 to effect the survey of the land and fixing four boundaries in Survey Nos.86, 146, 144 of Sirukampaiyur Village, Ramanathapuram District with the aid of the fourth respondent police based on the application dated 26.06.2023, 07.07.2023. For Petitioner :Mr.R.Balamuruganantham For Respondents :M/s.D.Farjana Ghowshia, Special Government Pleader

O R D E R

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner has submitted an application to conduct survey on his land and filed an application and his application has not been considered and hence, he has filed the present writ petition seeking for a mandamus directing the respondents 1 to 3 to effect the survey of the land and fixing four boundaries in Survey Nos.86, 146, 144 of Sirukampaiyur Village, Ramanathapuram District with the aid of the fourth respondent police based on the application dated 26.06.2023, 07.07.2023.

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3. The learned Special Government Pleader appearing for the respondents submitted that based on the application, survey was conducted, however in view of the objections raised by the petitioner's brother and other adjacent land owners, the survey could not be completed on that day.

4. This Court considered the rival submissions made by both parties.

5. If there is any objection from the adjacent land owners, the Survey Officer is expected to conduct an enquiry as provided under Section 10(1) of the Tamil Nadu Survey and Boundaries Act, 1923 by issuing notice to the objectors and to take a decision, thereafter proceed with the survey. The said exercise shall be completed within period of 8 weeks from the date of receipt of a copy of this order.

6. Accordingly, this writ petition is disposed of. No costs. 3/5

NCC : Yes / No.

Index : Yes / No.

11.09.2023 Internet:Yes am To:

1.The Tahsildhar, Thiruvadanai Taluk, Ramanathapuram District.

2.The Assistant Director, District Survey Office, Collectorate, Ramanathapuram, Ramanathapuram District.

3.The Deputy Inspector of Surveyor, Taluk Survey Office, Thiruvadanai Taluk, Ramanathapuram District.

4.The Inspector of Police, SP Pattinam Police Station, Ramanathapuram District.

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B.PUGALENDHI, J.

am Order made in 11.09.2023 5/5