M.Samidurai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA M.Samidurai .. Petitioner Vs.

1.The District Collector, Karur District, Karur.

2.The Tahsildar, Tharagampatti, Kadavur Taluk, Karur District.

3.The Surveyor, Taluk Office, Tharagampatti, Kadavur Taluk, Karur District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to survey the petitioner's properties and fix boundary stones in respect of Survey No.387/2A to an extent of 3 Acres 32 1⁄2 cents situated at

Palaviduthi Village, Kadavur Taluk, Karur District, based on the petitioner's representation, dated 16.10.2024 within a time frame to be stipulated by this Court.

For Petitioner :

Mr.K.Asok Kumar Ram For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed for a mandamus to the respondents to survey the petitioner's properties and fix boundary stones in respect of Survey No.387/2A measuring an extent of 3 Acres 32 1⁄2 cents situated at Palaviduthi Village, Kadavur Taluk, Karur District, based on the petitioner's representation, dated 16.10.2024.

2. Though in the affidavit filed in support of the petition it is stated that the property is the petitioner's property, he would state that the property is the joint property of the petitioner and his family members.

3. The petitioner would submit that the petition mentioned property has been purchased by his father and his uncle Palanichamy and

subsequently, got a joint patta in their favour. In order to know the exact boundaries, on 02.08.2021 the petitioner had made an application and had also paid necessary fee for conducting survey and demarcation. Since the same has not been considered, the petitioner had sent another representations on 14.10.2024 and 16.10.2024 along with necessary documents. Since the representations did not evoke any response, the petitioner is before this Court.

4. Heard the learned counsel on either side.

5. Considering the request of the petitioner and also the fact that the petitioner has made his representation as early as in August 2021, 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 four (4) months from the date of receipt of a copy of this order.

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

28.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The District Collector, Karur District, Karur.

2.The Tahsildar, Tharagampatti, Kadavur Taluk, Karur District.

3.The Surveyor, Taluk Office, Tharagampatti, Kadavur Taluk, Karur District.

P.T.ASHA, J.

gbg 28.10.2024