Dhanushkodi.V v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI V.Dhanushkodi ... Petitioner Vs 1.The District Collector, District Collector Office, Theni District.

2.The Tahsildar, Uthamapalayam Taluk, Theni District.

3.The head Surveyor, Uthamapalayam Taluk, Theni District.

4.The Sub-Inspector of Police, Odaipatti Police Station, Odaipatti, Uthamapalayam Taluk, Theni District.

5.V.Chinnathurai 6.V.Chandran 7.A.Ayyanar

...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to conduct the survey as per Tamilnadu Survey and Boundaries Act 1923 and to fix boundaries in respect of entire land comprised in survey numbers 617/1B, 617/1D, 681/1A2 and 681/1A5 situated at Seeppalakottai Village, Uthamapalayam Taluk, Theni District and direct the respondent No.4 to give adequate police protection while demarcation by considering the writ petitioner application dated 03.05.2023 within a time stipulated by this Court. For Petitioner :Mr.A.Ganesan For R1 to R3 :Mr.P.T.Thiraviam Government Advocate For R4 :Mr.P.Kottaichamy Government Advocate

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 on 03.05.2023 to conduct survey on his land and filed this writ petition that his application has not been considered.

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3. The learned Government Advocate (Crl.side) appearing for the respondents on instructions submitted that at the time of surveying the land, the respondents 5 to 7 have raised certain objections and therefore, survey could not be completed

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

5. If the respondents 5 to 7 are raising any objections for conducting the survey, 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.

NCC : Yes / No.

Index : Yes / No.

12.09.2023 Internet:Yes am 3/5

To 1.The District Collector, District Collector Office, Theni District.

2.The Tahsildar, Uthamapalayam Taluk, Theni District.

3.The head Surveyor, Uthamapalayam Taluk, Theni District.

4.The Sub-Inspector of Police, Odaipatti Police Station, Odaipatti, Uthamapalayam Taluk, Theni District.

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B.PUGALENDHI, J.

am Order made in 12.09.2023 5/5