Chitra v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA Chitra .. Petitioner Vs.
1.The District Collector, District Collector Office, 2.The Superintendent of Police, Superintendent of Police Office, 3.The Deputy Superintendent of Police, Vedachandur Deputy Superintendent of Police Office, Vedachandur, Dindigul District.
4.The Inspector of Police, Vadamadurai Police Station, 5.The Tahsildhar, Tahsildar Office,
6.The Surveyor, .. Respondents Prayer:Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 5th respondent herein to measure the property comprised in Survey Nos.620/3, situated at Thennampatti Village, Vedachandur Taluk, Dindigul District, by considering the petitioner's challan dated 31.08.2024 with adequate police protection by the 4th respondent, based on the representation dated 12.09.2024 within the time stipulated by this Court. For Petitioner :
Mr.A.Banumathy For R1, R3 & R5 :
Mr.B.Saravanan Additional Government Pleader For R2 & R4 :
Mr.K.Sanjai Gandhi Government Advocate
ORDER
This writ petition is filed for a Mandamus directing the fifth respondent to measure the property comprised in Survey Nos.620/3, situated at Thennampatti Village, Vedachandur Taluk, Dindigul District,
by considering the petitioner's challan dated 31.08.2024 with adequate police protection by the fourth respondent, based on the representation dated 12.09.2024.
2.The case of the petitioner is that the aforesaid property was purchased by him on 11.10.2023 through a registered document No. 5606/2023. From the date of purchase, he is in possession and enjoyment of the same. While so, the petitioner wants to survey and measure his property, since some illegal elements are trespassing into his property. Hence, he sent a representation on 12.09.2024 to the fifth respondent to measure the property and also fix the boundaries. For that purpose, he paid necessary charges through the challan on 31.08.2024. But there was no action taken by the fifth respondent. Hence, he sent a representation on 12.09.2024 through registered post. But, the respondents had not come forward to measure the property. Hence, the present writ petition.
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 dated 12.09.2024 and on 31.08.2024 paying the fees, a mandamus is issued to the fifth respondent to conduct survey the petition mentioned property. The petitioner shall submit all the relevant records to show the title to the property and the fifth respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter proceed to pass orders either surveying the property or rejecting the request. In the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of four months from the date of receipt of a copy of this order.
5.With the above direction, this Writ Petition stands allowed. No costs.
25.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes Ns
To 1.The District Collector, District Collector Office, 2.The Superintendent of Police, Superintendent of Police Office, 3.The Deputy Superintendent of Police, Vedachandur Deputy Superintendent of Police Office, Vedachandur, Dindigul District.
4.The Inspector of Police, Vadamadurai Police Station, 5.The Tahsildhar, Tahsildar Office, 6.The Surveyor,
P.T.ASHA, J.
Ns Dated: 25.09.2024