C.Karuppaiah v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA C.Karuppaiah .. Petitioner Vs.

1.The District Collector, Pudukottai District, Pudukkottai.

2.The Tahsildar, Alangudi Taluk, Pudukkottai District.

3.The Inspector of Police, Ganesh Nagar Police Station, Pudukottai District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 2nd respondent to conduct the measurement of four boundaries of land in Survey No. 47/6 (Old Survey No. 47/5), Patta No.1817, for an extent of 1 acre 41 cents, Veppankudi Village, Alangudi Taluk, Pudukottai District with the help of the 3rd respondent Police by considering the online application of the petitioner, dated 11.09.2024 and his representation, dated 15.10.2024.

For Petitioner :

Mr.V.Thirumal For R1 & R2 :

Mr.B.Saravanan Additional Government Pleader For R3 :

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

ORDER

This writ petition is filed for a mandamus to the 2nd respondent to conduct the measurement of four boundaries of land in Survey No. 47/6 (Old Survey No. 47/5), Patta No.1817, for an extent of 1 acre 41 cents, Veppankudi Village, Alangudi Taluk, Pudukottai District by obtaining police protection by considering the online application of the petitioner, dated 11.09.2024 and his representation, dated 15.10.2024.

2. It is the contention of the petitioner that the petition mentioned property was purchased by his mother under a registered sale deed from one Veerappan, dated 22.08.1983 and subsequently, she got patta in her name. Thereafter, she had executed a settlement deed in favour of the petitioner and his brother namely Chinnadurai, dated 24.02.2012 and

subsequently, the revenue records were also transferred in their name. On 11.09.2024, the petitioner had made an online application and had also paid necessary fee for surveying the property. The adjacent land owners having no documents in their favour, had objected to the survey. Despite two dates having been fixed for measurement, the same has not been conducted. 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' had made his representation in September 2024, a Mandamus is issued to the respondents 1 to 2 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 1 and 2 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.

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

2.The Tahsildar, Alangudi Taluk, Pudukkottai District.

3.The Inspector of Police, Ganesh Nagar Police Station, Pudukottai District.

P.T.ASHA, J.

gbg 28.10.2024