Rajamanickam v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2024

CORAM:

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

1.The District Collector, Thanjavur District, Thanjavur.

2.The Tahsildar, Kumbakonam Taluk, Thanjavur District.

3.The Surveyor, O/o the Surveyor, Srinivasanallur, Kumbakonam Taluk, Thanjavur District.

4.The Inspector of Police, Thiruneelakudi Police Station, Thanjavur District.

5.Mahadevan 6.Lakshmanan

7.Asaithambi .. 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 survey the petitioner's property and fix boundary stones in connection with properties in Survey No.27/47 measuring 0.04.0 Ares situated at Srinivasanallur, Kumbakonam Taluk, Thanjavur District under the supervision of the 4th respondent for surveying the land by considering the representation of the petitioner, dated 16.09.2024 within the time frame as fixed by this Court.

For Petitioner :

Mr.S.Shanmugam For R1 - R3 :

Mr.B.Saravanan Additional Government Pleader For R4 :

Mr.K.Gnanasekaran Government Advocate(Crl.side)

ORDER

This writ petition is filed for a mandamus to the 2nd and 3rd respondents to survey the petitioner's property and fix boundary stones in connection with properties in Survey No.27/47 measuring 0.04.0 Ares situated at Srinivasanallur, Kumbakonam Taluk, Thanjavur District under

the supervision of the 4th respondent for surveying the land by considering the representation of the petitioner, dated 16.09.2024.

2. The case of the petitioner is that he is the owner of the petition mentioned property. In order to know the exact boundaries, the petitioner had paid necessary fee on 08.02.2023 for conducting survey. Thereafter, on 01.07.2024, he had submitted a representation to the 1st respondent. Pursuant to the same, the 3rd respondent had issued notice to the petitioner and the respondents 5 to 7 for surveying the land. At the time of survey, the respondents 5 to 7 trespassed into the petitioner's land and threatened the petitioner and the concerned officers. Hence, the petitioner lodged a complaint before the 4th respondent. However, no action has been taken by the 4th respondent.. Thereafter, the petitioner had sent a representation on 16.09.2024 to the respondents 1 to 3. Though the same has been received by the respondents, no further action has been taken. 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 originally made his representation as early as in February, 2023, a Mandamus is issued to the respondents 2 and 3 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 2 and 3 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 six (6) weeks from the date of receipt of a copy of this order. In case of any law and order situation or threat to the revenue officials, the jurisdictional Inspector of Police shall give adequate police protection to the officials till such time as the survey is concluded upon a request being made for police protection.

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

29.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The District Collector, Thanjavur District, Thanjavur.

2.The Tahsildar, Kumbakonam Taluk, Thanjavur District.

3.The Surveyor, O/o the Surveyor, Srinivasanallur, Kumbakonam Taluk, Thanjavur District.

4.The Inspector of Police, Thiruneelakudi Police Station, Thanjavur District.

P.T.ASHA, J.

gbg 29.10.2024