Dismissed

Najmudeen Mubarak v. the Dist.Collector

Madras HC1 Feb 2021WP(MD)/1446/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court dismissed a writ petition seeking a direction to the Surveyor to measure the petitioner's property, holding that the petitioner failed to pay the necessary survey fee and thus could not invoke the Court's extraordinary jurisdiction.

What did the court decide?

The writ petition was dismissed as the petitioner failed to pay the necessary fee for survey and measurement.

Najmudeen Mubarak Vs the Dist.Collector — Land Acquisition | Madras HC (2021)

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W.P(MD)No.1446 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 01.02.2021

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CORAM

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THE HONOURABLE MR.JUSTICE V.PARTHIBAN

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W.P(MD) No.1446 of 2021 and W.M.P(MD)No.1237 of 2021

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Najmudeen Mubarak .. Petitioner
Vs 1.The District Collector, Theni District, Theni.
2.The District Registrar, Periyakulam Registration District, Theni District.
3.The Tahsildar,
Uthamapalayam Taluk, Theni District.
4.The Surveyor, Uthamapalayam Taluk, Theni District.
5.The Sub-Registrar, Cumbam Sub Registrar Office, Theni District.
6.Raheema
7.Najira Begum .. Respondents
PRAYER:Writ Petition filed under Article 226 of the Constitution
of India, to issue a writ of mandamus, directing the 4^threspondent to conduct a survey and measure the petitioner's property and to fix the boundaries of the petitioner's property.
For Petitioner : Mr.K.Navaneetharaja
For R1 to R2 : Mr.M.Karuppasamy, Government Advocate

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

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W.P(MD)No.1446 of 2021

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ORDER

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This writ petition has been filed for a direction to the 4^th respondent to conduct a survey and measure the petitioner's property and to fix the boundaries of the petitioner's property.

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2.When the matter is taken up for hearing, the learned Government Advocate appearing for the official respondents submitted a communication of the Tahsildar, Uthamapalyam, in Na.Ka.No.10365/2021/Ni.A, dated 29.01.2021 and according to the learned Government Advocate, the petitioner has not paid the necessary fee for survey and measurement of the land and if the petitioner pays the necessary fee, survey and measurement would be conducted by the official concerned.

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3.A perusal of the communication of the 3^rd respondent, Tahsildar, Uthamapalayam, Theni District shows that the petitioner has not paid the necessary fee for survey and measurement of the properties. It is not open to the petitioner to invoke the extraordinary jurisdiction of this Court and seek a direction of this nature, without even paying the necessary fee for the said purpose. Therefore, this Court is not inclined to entertain this writ petition.

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4.In view of the above and in view of the aforesaid communication of the 3^rd respondent, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed.

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Assistant Registrar(Records)

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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dsk

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1.The District Collector, Theni District, Theni.

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2.The District Registrar, Periyakulam Registration District, Theni District.

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

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W.P(MD)No.1446 of 2021

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3.The Tahsildar, Uthamapalayam Taluk, Theni District.

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4.The Surveyor, Uthamapalayam Taluk, Theni District.

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5.The Sub-Registrar, Cumbam Sub Registrar Office, Theni District.

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+1 CC to M/s.GP ( SR-2869[F] dated 02/02/2021 )

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W.P(MD) No.1446 of 2021 01.02.2021

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KUN(CO) TR(22.02.2021) 3P 7C

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

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Najmudeen Mubarak v. the Dist.Collector

Case brief

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Najmudeen Mubarak v. the Dist.Collector

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