← Library
Madras High CourtWP(MD)/25016/2024allowed

Sathuragiri v. The District Collector

2024-10-23Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Sathuragiri .. Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

3.The Tahsildar, Watrap Taluk, Virudhunagar District.

4.The Taluk Surveyor, Taluk Office, Watrap Taluk, Virudhunagar District.

5.Mariappan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent Nos. 3 to 4 to survey the land in Survey Nos.164/1 and 2, 167/10A

Maharajapuram Village Watrap Taluk, Virudhunagar District and fix the boundaries in view of representation, dated 21.08.2024 within the stipulated time.

For Petitioner :

Mr.M.Jothi Basu For R1 - R34 :

Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed for a mandamus to direct the respondents to survey the land in Survey Nos.164/1 and 2, 167/10A situated at Maharajapuram Village Watrap Taluk, Virudhunagar District and fix the boundaries in view of representation, dated 21.08.2024.

2. The case of the petitioner is that he has purchased the petition mentioned property from one C.Virumandi under a sale deed, dated 18.07.2008. Subsequently, patta has been transferred in his name. On 01.07.2022, the petitioner had made an application and on 11.07.2022, he had paid necessary fee for conducting survey in his property. Since no further action has been taken on the side of the respondents, once again the petitioner had made an application on 21.08.2024. Thereafter, the 4th

respondent had fixed a date to conduct survey on 24.09.2024. However, survey has not been conducted on the said date. Therefore, 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 July, 2022, a Mandamus is issued to the 1st respondent 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 1st respondent 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 four (4) weeks from the date of receipt of a copy of this order.

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

23.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

3.The Tahsildar, Watrap Taluk, Virudhunagar District.

4.The Taluk Surveyor, Taluk Office, Watrap Taluk, Virudhunagar District.

P.T.ASHA, J.

gbg 23.10.2024