Allowed

Murugesan v. the District Collector

Madras HC8 Apr 2021WP(MD)/570/2021

Case brief

AI extract

What is this about?

The High Court, Madurai Bench issued a writ of mandamus directing the Tahsildar and Head Surveyor to consider a petitioners 20.10.2020 representation to survey land and fix boundaries within eight weeks of the order receipt.

What did the court decide?

The petitioners 20.10.2020 representation to survey the subject properties and fix boundaries was directed to be considered; the Tahsildar and Head Surveyor must decide within eight weeks.

Murugesan Vs the District Collector — Civil Procedure and Limitation | Madras HC (2021)

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W.P(MD)No.570 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2021 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P(MD)No.570 of 2021

Murugesan

...Petitioner

Vs.

1.The District Collector, Dindigul District, Dindigul.

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2.The Tahsildar, Tahsildar Office, Nilakotttai Taluk, Dindigul District.

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3.The Head Surveyor, Tahsildar Office, Nilakottai Taluk, Dindigul District. ...Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a writ of Mandamus, directing the respondents to survey and fix the boundary stones of the petitioner's land in Survey No.350/5, 350/11, 350/12, 350/13, 331/2, 331/3 situated at Alagapuri Village, Mallanampatti Post, Batlagundu, Nilakottai Taluk, Dindigul District by considering the petitioner's representation dated 20.10.2020 within a time frame stipulated by this Court.

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For Petitioner : Mr.R.Manoharan For Respondents : Mr.P.Mahendran

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Additional Government Pleader

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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 respondents to consider the representation made by the petitioner on 20.10.2020 wherein the petitioner has sought for the survey of the subject property and for fixing the boundaries.

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The case of the petitioner is that the subject properties originally belonged to his father and uncle. Thereafter it was partitioned and the subject properties were allotted in favour of his father. The family members are in possession and enjoyment of the properties that were allotted under the partition deed. The petitioner wanted a survey of all the properties allotted under the partition deed in order to fix the boundaries. A representation was made in this regard on 20.10.2020. Since the same was not considered, the present writ petition has been filed before this

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

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W.P(MD)No.570 of 2021

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Court seeking for appropriate directions.

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Heard Mr.R.Manoharan, learned counsel appearing on behalf of the petitioner and Mr.P.Mahendran, learned Additional Government Pleader appearing on behalf of the respondents.

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Taking into consideration the facts and circumstances of the case and also the fact that the petitioner has paid the necessary charges for conducting the survey, there shall be a direction to the second and third respondents to consider the representation made by the petitioner on 20.10.2020 and take a decision with regard to conducting survey in the subject properties strictly 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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The petitioner is directed to make a fresh representation to the third respondent along with all the relevant documents and also a copy of this order.

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This writ petition is disposed of with the above

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direction. No Costs.

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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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PJL

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Note : 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. To

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1.The District Collector, Dindigul District, Dindigul.

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2.The Tahsildar, Tahsildar Office, Nilakotttai Taluk, Dindigul District.

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3.The Head Surveyor, Tahsildar Office,Nilakottai Taluk, Dindigul District.

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+1 CC to M/s.SPL GP ( SR-7544[F] dated 26/02/2021 )

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W.P(MD)No.570 of 2021 08.04.2021

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RK (23.04.2021) 2P 5C

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

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Murugesan v. the District Collector

Case brief

What is this about?

What did the court decide?

Murugesan 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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