Disposed

Eswaran Pillai, v. the District Collector

Madras HC15 Nov 2018WP(MD)/22836/2018

Case brief

AI extract

What is this about?

Writ petition filed seeking a writ of mandamus directing the Tahsildar to measure and fix boundaries of Petitioner land in Sivagangai District alleging encroachment attempts. Court directed respondents to consider representation and fix boundaries within four months by hearings.

What did the court decide?

Direction to respondents to consider Petitioner's representation for measuring the property and fixing boundaries within four months by hearings.

Eswaran Pillai, Vs the District Collector — Landlord and Tenant | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED 15.11.2018

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CORAM

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THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

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W.P(MD)No.22836 of 2018

Eswaran Pillai

..Petitioner

1.The District Collector, Sivagangai District, Sivagangai.

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2.The Tahsildar, Ilayangudi Taluk, Sivagangai District.

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3.The Taluk Deputy Inspector of Survey, Ilayangudi Taluk, Sivagangai District. ..Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to consider the Petitioner's representation dated 29.6.2017 to measure the Petitioner's land in S.No.37/8A, measuring an extent of 8.50 ares situated at Keelanettur Village Group, Ilayangudi Taluk, Sivagangai District.

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For Petitioner :Mr.V.Kannan

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For Respondents :Mr.C.M.Mari Chelliah Prabhu Additional Government Pleader

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ORDER

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The Petitioner has prayed for issuance of a Writ of Mandamus directing the second respondent to consider the Petitioner's representation, dated 29.6.2017 to measure the Petitioner's land in S.No.37/8A measuring an extent of 8.50 ares situated at Keelanettur Village Group, Ilayangudi Taluk, Sivagangai District.

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2.Mr.C.M.Mari Chelliah Prabhu, learned Additional Government Pleader takes notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

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3.The Petitioner would submit that he is the joint owner of https://hcservices.ecourts.gov.in/hcservices/ the land comprised in S.No.37/8A, measuring an extent of 8.50 ares situated at Keelanettur Village Group, Ilayangudi Taluk, Sivagangai

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District and that being an ancestral property, by way of partition, the Petitioner has inherited the same and the Petitioner and his family members are in possession and enjoyment of the said property. Meanwhile, he would further in his representation submitted on 29.6.2017, states that persons who are holding lands in the adjacent area namely, one Sannasi, son of Chandran, sivasami and Silambarasan are interrupting their possession and they are trying to encroach upon the said land. Hence to survey the said land and to fix the boundaries, the Petitioner submitted a representation on 29.6.2017 to the respondents, so that the authorities concerned can measure the land and fix the four boundaries in order to prevent any encroachment.

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4.Even though this Court is not inclined to consider the above request of the Petitioner since it is purely a civil dispute, based on the submission made by the learned counsel for the Petitioner that there is no encroachment but the above said persons are only trying to encroach upon the Petitioner's land, the respondent concerned is directed to consider the representation of the Petitioner, dated 29.6.2017 for measuring the property in question and to fix the four boundaries as per law and pass appropriate orders after giving notice and ample opportunity of hearing to the Petitioner and other interested parties, if any, within a period of four months from the date of receipt of a copy of this order.

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5.With the above direction, the Writ Petition stands disposed of. No costs.

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Sd/

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Assistant Registrar(AD-I)

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/True copy/

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Sub Assistant Registrar(CS-III)

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1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar,

Ilayangudi Taluk,

Sivagangai District.

3.The Taluk Deputy Inspector of Survey, Ilayangudi Taluk, Sivagangai District.

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+1cc to Mr.V.KANNAN, Advocate, SR.No.95746

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+1cc to M/s.Special Government Pleader,SR.No. 95647

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W.P(MD)No.22836 of 2018 15.11.2018

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https://hcservices.ecourts.gov.in/hcservices/ VSN

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https://hcservices.ecourts.gov.in/hcservices/ VSN KK/RSK/SAR-3/10.12.2018/2P-6C

Eswaran Pillai, v. the District Collector

Case brief

What is this about?

What did the court decide?

Eswaran Pillai, v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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