M. Murugaiah v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI M. Murugaiah ... Petitioner Vs.

1. The District Collector Collectorate, Thenkasi, Thenkasi District.

2. The Revenue Divisional Officer, Thenkasi, Thenkasi District.

3. The Tahsildar Taluk Office, Thenkasi District.

4. The Firka Surveyor Chernthamangalam Firka, Sankarankoil, Thenkasi District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 3 and 4 to Survey the land in Survey No. 248/5A2, in Vellalankulam Village , Sankarankoil Taluk, Thenkasi District, within a time stipulated by this Court.

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For Petitioner : Mr.S.Louis For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

The petitioner seeks issuance of a Writ of Mandamus to direct the respondents 3 and 4 to survey the petitioner's land.

2. The learned Special Government Pleader would submit that in view of the objection of Gajendran and Santhanachala Annamalaithevar, the authorities have given notice them, however, they have not chosen to appear and hence, the survey has been postponed, for their non-cooperation.

3. Admittedly, the petitioner has made request for survey and the respondents have also been given an opportunity to the objectors to appear and state their claims. However, if the said objectors are not cooperating for survey, it is not necessary for the authority to wait endlessly and they are entitled to proceed to conduct the survey and dispose of the petitioner's application.

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4. Hence, this Writ Petition is disposed of with a direction to respondents 3 and 4, to fix a date for survey and issue advance notice to the petitioner as well as the objectors and shall proceed to conduct the survey on the said date irrespective of whether the objectors appear or not and pass orders within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Index : Yes / No NCC : Yes / No 24.03.2025 LS To

1. The District Collector Collectorate, Thenkasi, Thenkasi District.

2. The Revenue Divisional Officer, Thenkasi, Thenkasi District.

3. The Tahsildar Taluk Office, Thenkasi District.

4. The Firka Surveyor Chernthamangalam Firka, Sankarankoil, Thenkasi District.

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P.B. BALAJI , J.

LS Order made in Dated:

24.03.2025 4/4