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Madras High CourtWP(MD)/23362/2024allowed

A.Karuppiah v. The District Collector

2024-10-01Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA A.Karuppiah .. Petitioner Vs.

1.The District Collector, Sivagangai District.

2.The Tahsildar, Thiruppathur Taluk, Sivagangai District.

3.The Taluk Surveyor, Thiruppathur Taluk, Sivagangai District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent No. 2 and 3 to conduct Survey and demarcate the boundaries of the petitioner's land situated in S.No.698/1 Nerkuppai, Pariyamarudhupatti, Thiruppathur Taluk, Sivagangai District as per his Challan, dated 19.10.2023 within stipulated time framed by this Court.

For Petitioner :

Mr.K.Dinesh For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed for a mandamus to direct the 2nd and 3rd respondents to conduct survey and mark the boundaries of the property comprised in S.No.698/1 situated at Nerkuppai, Pariyamarudhupatti, Thiruppathur Taluk, Sivagangai District as per the Challan, dated 19.10.2023.

2. The case of the petitioner is that he had purchased the petition mentioned property from one Manickam and Devayani and two others vide a registered sale deed, dated 16.05.2022 and 26.05.2022 respectively. On 19.10.2023, the petitioner had made an application and had also paid necessary fees for conducting survey in the said property. Since no further action has been taken on the side of the respondents, the petitioner is before 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 October, 2023, 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 eight (8) weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition stands allowed. No costs.

01.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg

To 1.The District Collector, Sivagangai District.

2.The Tahsildar, Thiruppathur Taluk, Sivagangai District.

3.The Taluk Surveyor, Thiruppathur Taluk, Sivagangai District.

P.T.ASHA, J.

gbg 01.10.2024