Disposed

Saravanan. v. Vs The Assistant Director of Survey

Madras HC17 Apr 2021WP(MD)/473/2021

Case brief

AI extract

What is this about?

Single judge order disposing a writ petition seeking mandamus for surveying petitioner's property. Court directed the Taluk Surveyor to conduct an enquiry with all parties (including newly impleaded private individuals) within eight weeks before deciding on the survey.

What did the court decide?

Direction to the second respondent (Taluk Surveyor) to call petitioner and respondents 4 to 11 for an enquiry and decide on the survey within eight weeks.

Saravanan. v Vs The Assistant Director of Survey — Land Acquisition | Madras HC (2021)

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W.P.(MD).No.473 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 16.04.2021

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CORAM :

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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W.P.(MD).No.473 of 2021

V.Saravanan

...Petitioner

Vs.

The Assistant Director of Survey, Ramanathapuram District. 2. The Taluk Surveyor, Thiruvadanai Taluk, Ramanathapuram District. 3. The Inspector of Police, S.P.Pattinam Police Station, Ramanathapuram District.

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L.Ramu 5. U.Uthayarajan 6. R.Pitchaiyammal 7. Kalaijothi 8. R.Nirmala 9. Urimaiya 10. Thirunavukkarasu 11. L.Natarajan . .. Respondents

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(Respondent Nos.4 to 11 are impleaded as per order of this Court dated 17.04.2021 in W.M.P.(MD).No.4221 of 2021)

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Prayer : This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to survey, demarcate the boundaries of the petitioner's properties situated in Survey No.110/7, 110/38 and 110/17 in Sirugambaiyur Village, Thiruvanai Taluk, Ramanathapuram District, with the help of the Police Protection to be accorded by the third respondent.

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For Petitioner : Mr.K.Neelamegam For R-1 to R-3 : Mr.S.Angappan Government Advocate

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

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W.P.(MD).No.473 of 2021

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ORDER

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This Writ Petition has been filed for the issue of a Writ of Mandamus directing the second respondent to consider the representation made by the petitioner on 05.01.2021 and to survey the subject property and fix the boundary stones with the assistance of the Police.

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2 . When the matter came for hearing on 11.01.2021, it was informed to this Court that there are some private parties, who are objecting to the survey of the subject property. This Court, therefore, directed the learned counsel appearing for the petitioner to file an impleading petition to implead the necessary parties. Accordingly, W.M.P.(MD).No.4221 of 2021 was filed before this Court and the same was allowed and respondents 4 to 11 have been impleaded in this Writ Petition.

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3 . Heard Mr.K.Neelamegam, learned counsel appearing on behalf of the petitioner and Mr.S.Angappan, learned Government Advocate appearing on behalf of the respondents 1 to 3.

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4 . Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the second respondent to call the petitioner and respondents 4 to 11 for an enquiry and take a decision with regard to the survey of the subject property on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.

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5 . The petitioner is directed to make a fresh representation to the second respondent along with all the relevant documents and also a copy of this order.

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6 . The Writ Petition stands disposed of with the above directions. No costs.

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS )

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tsg To

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The Assistant Director of Survey, Ramanathapuram District.

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The Taluk Surveyor, Thiruvadanai Taluk, Ramanathapuram District.

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

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2/3

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W.P.(MD).No.473 of 2021

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The Inspector of Police, S.P.Pattinam Police Station, Ramanathapuram District.

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+1 CC to M/s.SPL GP ( SR-16520[F] dated 19/04/2021 )

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+1 CC to M/s.K.NEELAMEGAM, Advocate ( SR-16456[F] dated 19/04/2021 ) NOTE:

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In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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Order made in W.P.(MD).No.473 of 2021

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Dated:

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17.04.2021

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PSP(12.05.2021) 3P 6C

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

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Saravanan. v. Vs The Assistant Director of Survey

Case brief

What is this about?

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Saravanan. v. Vs The Assistant Director of Survey

Case brief

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