Madras High CourtWP(MD)/23208/2023disposed of

Pechiyammal v. The District Collector

2023-09-22Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Pechiyammal ... Petitioner Vs 1.The District Collector, Madurai, Madurai District.

2.The Tahsildar, Taluk Office, Usilampatti Taluk, Madurai District.

3.The Head Surveyor, Taluk Office, Usilampatti Taluk, Madurai District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the second and third respondents to demarcate the land and fix the boundary lines as per the patta bearing No.272/22 to the extent of 0.01.44 ares (3 cents) situated at Meiyanampatti, Seemanuthu Panchayat, Usilampatti Taluk, Madurai District and further direct the first respondent to take appropriate action in the light of order dated 09.10.2020 passed by this Court in W.P(MD)No.14036 of 2020, against the third respondent who 1/4

failed to demarcate the land even alter the cost paid twice, with ulterior motive of favouring the person who obstructs the government officials to demarcate the above mentioned land.

For Petitioner :Mr.V.Rajiv Rufus For Respondents :Mr.D.Farjana Ghowshia Special Government Pleader

O R D E R

The petitioner said to have submitted an application on 17.05.2021 to conduct the survey and has filed this writ petition.

2. The learned Special Government Pleader appearing for the respondents submitted that notice has already been issued for conducting survey on 14.09.2023, however, survey could not be completed on that day in view of the objection raised by the neighboring land owners.

3. Considering the rival submissions, this writ petition is disposed of with a direction to the respondents to conduct an enquiry as per Section 10(1) of the Tamil Nadu Survey and Boundaries Act, 1923 and thereafter, proceed with the survey depending upon the 2/4

outcome of the enquiry after issuing notice to the adjacent land owners. Such exercise shall be concluded within a period of eight

(8) weeks from the date of receipt of a copy of this order. No costs. NCC : Yes / No.

Index : Yes / No.

22.09.2023 Internet:Yes am To 1.The District Collector, Madurai, Madurai District.

2.The Tahsildar, Taluk Office, Usilampatti Taluk, Madurai District.

3.The Head Surveyor, Taluk Office, Usilampatti Taluk, Madurai District.

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B.PUGALENDHI, J.

am Order made in 22.09.2023 4/4