The Madras High Court disposed of a writ petition seeking mandamus for re-survey and boundary marking of land. The court directed the Tahsildar to survey the land after notice and payment of charges within twelve weeks.
Directed the 3rd respondent (Tahsildar) to conduct survey and mark boundaries within 12 weeks after notice and payment of charges.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.10.2020
CORAM :
The HON'BLE MR.JUSTICE M.DURAISWAMY
W.P.No.38154 of 2016
K.Palanisamy ... Petitioner
Vs.
1.The District Collector,
Coimbatore District,
Coimbatore – 641 018.
2.The District Revenue Officer,
Coimbatore District,
Coimbatore – 641 018.
3.The Tahsildar,
Taluk Office Sulur,
Coimbatore District – 641 401. ... Respondents
Petition filed under Article 226 of the Constitution of India for issuing a writ of mandamus directing the respondents 1 & 2 to conduct the re-survey and mark the exact boundaries including the cart-way to the petitioner's land comprised in Survey No.554/1, Semmandapalayam Village, Kothapalayam, Sulur Taluk, Coimbatore District at the earliest.
For Petitioner : Mr.K.Myilsamy
For Respondents: Ms.A.Madhumathi,
Special Government Pleader (R1 to R3)
O R D E R
The petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing the respondents 1 & 2 to conduct the re-survey and mark the exact boundaries including the cart-way to the petitioner's land comprised in Survey No.554/1, Semmandapalayam Village, Kothapalayam, Sulur Taluk, Coimbatore District.
2.Mr.K.Myilsamy, learned counsel appearing for the petitioner submitted that though the petitioner has given his representation seeking for surveying the land to the 2nd respondent as early as on 06.05.2016, the 2nd respondent has https://hcservices.ecourts.gov.in/hcservices/ not completed the exercise so far.
3.Ms.A.Madhumathi, learned Special Government Pleader appearing for the respondents submitted that since the petitioner's application is pending since 2016, the 3rd respondent may be directed to consider the petitioner's application and survey the land, after giving notice to all the interested parties, on payment of necessary charges.
4.Having regard to the submissions made by the learned counsel on either side, since the petitioner's application is pending since 06.05.2016 for surveying the land in survey No.554/1, I direct the 3rd respondent to consider the petitioner's application dated 06.05.2016 and conduct survey of the land, after giving notice to all the interested parties and on payment of necessary charges by the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order.
5.With these observations, the Writ Petition is disposed
of. No costs.
Sd/-
Assistant Registrar
//True copy//
Sub Assistant Registrar
va
To
1.The District Collector,
Coimbatore District,
Coimbatore – 641 018.
2.The District Revenue Officer,
Coimbatore District,
Coimbatore – 641 018.
3.The Tahsildar,
Taluk Office Sulur,
Coimbatore District – 641 401.
+1cc to Government Pleader SR.No.34710
W.P.No.38154 of 2016
GMY(09/11/2020)
1 issue framed by the court
Whether to direct the Tahsildar to conduct a survey and mark boundaries of the petitioner's land pending since 2016.
K.Palanisamy
The District Collector, Coimbatore District
The District Revenue Officer, Coimbatore District
The Tahsildar, Taluk Office Sulur
M. Duraiswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
