Madras High CourtWP(MD)/18658/2018disposed of

R.P.Murugesan, v. The District Collector,

2024-02-07Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI R.P.Murugesan ... Petitioner versus

1. The District Collector, Theni District, Theni.

2. The Tahsildar, Theni Taluk, Theni District - 625 533.

3. The Assistant Director of Survey, Collectorate Campus, Theni District.

4. The Superintendent of Police, Theni District, Theni.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 1st respondent to pass necessary orders to the 2nd and 3rd respondents to 1/4

measure and demarcate the land with necessary police protection from the 4th respondent with reference to the field measurement book and as per the schedule found in the document in respect an extent of 1 & 3/8 cents (589 sq. ft) comprised in old Survey No.315/10 and New Survey No.655/1, situated in Poomalaigundu Village, Theni Taluk, Theni District, based on the representation dated 29.11.2012 and 21.08.2018, within a time frame that may be stipulated by this Court. For Petitioner : Mr.R.Murugan For Respondents : Mr.A.Baskaran, Additional Government Pleader

ORDER

The petitioner has submitted a representation dated 21.08.2018 requesting the respondents to conduct survey for the land in old Survey No.315/10 and New Survey No.655/1, situated in Poomalaigundu Village, Theni Taluk, Theni District. Since the said representation has not been considered, the present writ petition has been filed.

2. The learned Additional Government Pleader submits that when the officials went to the spot, one Meenakshi has raised certain 2/4

objections for conduct of survey. Therefore, survey was not conducted.

3. If there is any objection for conduct of survey, the survey officer is expected to issue notice to the objectors and after hearing them, proceed to survey the land.

4. Therefore, this writ petition is disposed of with a direction to the respondents to issue a notice to the said Meenakshi and other objectors, if any, as per Section 10 of the Tamil Nadu Survey and Boundaries Act, 1923 and after hearing them, take a decision in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. No costs.

07.02.2024 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

3/4

B.PUGALENDHI, J.

ogy To

1. The District Collector, Theni District, Theni.

2. The Tahsildar, Theni Taluk, Theni District - 625 533.

3. The Assistant Director of Survey, Collectorate Campus, Theni District.

4. The Superintendent of Police, Theni District, Theni.

07.02.2024 4/4