Chinnadurai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Chinnadurai ... Petitioner Vs 1.The District Collector, Trichy, Trichy District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Musiri, Trichy District.

3.The Tahsildar, Musiri Taluk, Trichy District.

4.The Inspector of Police, Thathaiyengarpettai Police Station, Trichy District.

5.Govindan ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the 3rd respondent to survey the lands in S.No.339/2B, 340/2, 356/1A and 342/1 situated at Valasiramani Village, Musiri Taluk, Trichy District to an extent of 0.33 cents, 0.13 cents, 1 acre 70 cents and 2 1/5

acre 30 cents respectively by meets and bound with the help of the 4th respondent by considering and passing appropriate order on the petitioner's representation dated 25.07.2016 within a time frame as fixed by this Court. For petitioner : Mr.N.R.Bala For Respondent : Mr.G.V.Vairam Santhosh, Nos.1 to 3 Additional Government Pleader For Respondent :Mr.B.Thanga Aravindh Nos.4 Government Advocate

ORDER

The petitioner has submitted a representation to the respondents to survey the lands in S.No.339/2B, 340/2, 356/1A and 342/1. Since his representation was not considered by the authorities, the petitioner has filed this writ petition for a writ of mandamus directing the respondents to survey the lands of the petitioner. 2.When the writ petition has been taken up for hearing, the learned Additional Government Pleader appearing for the official respondents based on the written instructions submits that there is a dispute between the petitioner and the 5th respondent. The 5th respondent is none other than his brother, he is also claiming title over the property and a partition suit is pending between the parties. 2/5

3.This Court considered the rival submissions and perused the materials record.

4.The petitioner has submitted an application for conducting survey and has also paid necessary fee for the same in the year 2016 and filed this writ petition in the year 2017. Therefore, this writ petition is disposed of a with direction to the respondents to issue notice under Section 10 of the Tamil Nadu Survey and Boundaries Act to the objector and to take a decision on the petitioner's application. Let the exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. No costs. 03.10.2023 Internet : Yes / No Index : Yes / No NCC : Yes / No dsk 3/5

To 1.The District Collector, Trichy, Trichy District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Musiri, Trichy District.

3.The Tahsildar, Musiri Taluk, Trichy District.

4.The Inspector of Police, Thathaiyengarpettai Police Station, Trichy District.

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B.PUGALENDHI, J.

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