Annadurai G v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE G.Annadurai ... Petitioner Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Revenue Divisional Officer, Ramanathapuram District, Ramanathapuram.

3.The Tahsildar, RS Mangalam Taluk, Ramanathapuram District.

4.Ramanathan 5.R.Kumaravalli ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the third respondent to carry out the survey and demarcate the petitioner's land in survey No.172/1A to an extent of 3 acre 14 cents situate at Solanthur Village, RS Mangalam Taluk, Ramanathapuram District with the help of the concerned police if necessary so as to enable the petitioner to fence his agricultural land.

For Petitioner : Mr.R.Gowrishankar For Respondents 1 to 3 : Mr.B.Saravanan Additional Government Pleader For Respondent No.4 : Mr.V.Murugan

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the third respondent to carry out the survey and demarcate the petitioner's land in survey No.172/1A to an extent of 3 acre 14 cents situated at Solanthur Village, RS Mangalam Taluk, Ramanathapuram District with the help of the concerned police if necessary, so as to enable the petitioner to fence his agricultural land.

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2.The petitioner has submitted a representation to the third respondent on 19.10.2020 seeking for survey and demarcation of boundaries in respect of the aforementioned property which he claims that it belongs to him absolutely. Accordingly, this writ petition has been filed.

3.Heard Mr.R.Gowrishankar, learned Counsel for the writ petitioner, Mr.B.Saravanan, learned Additional Government Pleader who accepts notice on behalf of the respondents 1 to 3 and Mr.V.Murugan, learned Counsel who accepts notice on behalf of the fourth respondent.

4.The petitioner has produced documents in support of his case that he is the owner of the aforementioned property. He has sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 19.10.2020 for the said purpose.

5.No prejudice would be caused to the respondents if the representation of the petitioner dated 19.10.2020 is considered on merits and in accordance with law after hearing the petitioner as well as the rival claimants if any.

6.Accordingly, this Court directs the third respondent to survey and fix the boundaries in the petitioner's property in survey No.172/1A to an extent of 3 acre 14 cents situated at Solanthur Village, RS Mangalam Taluk, Ramanathapuram District after giving notice to the petitioner and rival claimants if any within a period of twelve [12] weeks from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (AD I) // True Copy // / /2022 Sub Assistant Registrar(CS) MR NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Revenue Divisional Officer, Ramanathapuram District, Ramanathapuram.

3.The Tahsildar, RS Mangalam Taluk, Ramanathapuram District.

+1 CC to M/s.R.GOWRISHANKAR,Advocate( SR-10272[F] dated 07/03/2022 ) +1 CC to M/s.SPL GP ( SR-10158[F] dated 04/03/2022 ) 03.03.2022 MGJ(18.03.2022) 3P 6C 3/3