A.Shanmugasundaram v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA A.Shanmugasundaram ... Petitioner Vs
1. The District Collector, Office of the District Collectorate, No.7-A, National Highway, Psp Nagar, Korampallam, Thoothukudi - 628 101.
2. The Tahsildar, Tiruchendur Taluk, Thoothukudi District.
3. The Village Administrative Officer, Lakshmipuram Village, Veppangadu Tiruchendur Taluk, Thoothukudi District.
4. The Panchayat President, Lakshmipuram Village, Veppangadu Tiruchendur Taluk,Thoothukudi District.
5. Suresh ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the 2nd respondent herein to survey and measure the property comprised in Survey No.289, admeasuring an extent of 4 feet in pursuance to E-Challan No. 20240712018259 dated 12.07.2024, within a time frame as fixed by this Court.
For Petitioner :
Mr.R Abdul Mubeen, For R1 to R3 :
Mr.B.Saravanan Additional Government Pleader For R4 :
Mr. A.Kannan Additional Government Pleader
ORDER
This writ petition is filed for a mandamus, to direct the 2nd respondent to conduct survey and measure the property in S.No.289, as per the Challan dated 12.07.2024.
2. The case of the petitioner is that the petition mentioned property originally belonged to the petitioner's father. After the demise of his father, the petitioner has been in possession and enjoyment of the
property. On 12.07.2024, the petitioner has sent a representation to the second respondent for conducting survey in the said property and he had also paid necessary fee. Since no further action on the side of the second respondent, the petitioner again on 28.08.2024, has sent a representation to the respondents 1 to 4 for removing the encroachment in common pathway. Despite the same having been received by the official respondents, no action has been taken. Hence, the petitioner has approached this Court.
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 as early as in July, 2024, a Mandamus is issued to the respondents to conduct survey and mark the boundaries in the petition mentioned property. The petitioner shall submit all the relevant records to show his title to the property and the respondents shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter proceed to pass orders
either surveying and demarcating 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 six (6) weeks from the date of receipt of a copy of this order.
5. With the above directions, this Writ Petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed. 26.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes jbr
To
1. The District Collector, Office of the District Collectorate, No.7-A, National Highway, Psp Nagar, Korampallam, Thoothukudi - 628 101.
2. The Tahsildar, Tiruchendur Taluk, Thoothukudi District.
3. The Village Administrative Officer, Lakshmipuram Village, Veppangadu Tiruchendur Taluk, Thoothukudi District.
4. The Panchayat President, Lakshmipuram Village, Veppangadu Tiruchendur Taluk,Thoothukudi District.
P.T.ASHA, J.
jbr 26.09.2024