Disposed

M.Amutha v. the District Collector

Madras HC18 Dec 2023WP/34509/2023

Case brief

AI extract

What is this about?

Writ petition for Mandamus directlying the Tahsildar to survey petitioner's property. Court held that survey is impeded by bushes/rough edges. Directed 3rd respondent to request petitioner to remove hurdles. Survey to be conducted upon removal. Disposed without costs.

What did the court decide?

3rd respondent directed to ask petitioner to remove hurdles; petitioner directed to remove hurdles to enable survey; respondents to survey after hurdle removal.

M.Amutha Vs the District Collector — Landlord and Tenant | Madras HC (2023)

¶1

W.P.No.34509 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

Dated : 18.12.2023

¶4

Coram:

¶5

THE HON'BLE MR JUSTICE P. VELMURUGAN W.P.No.34509 of 2023

M.Amutha

...Petitioner

Versus

1.The District Collector, Office of the Collectorate, Krishnagiri District – 635 115.

¶10

2.The Tahsildar Uthangarai Tahsildar Office, Police Station Road, Uthangarai Taluk, Krishnagiri District – 635 207.

¶11

3.The Head Surveyor, Uthangarai Taluk Office, Krishnagiri District – 635 207. ...Respondents

¶12

Prayer: This writ petition is filed under Article 226 of the Constitution of India, with a prayer to issue a writ of Mandamus, directing the 2^nd respondent to dispose of the application of the petitioner dated 03.05.2023 and consequently direct the 3^rd respondent to survey and demarcate the property in Patta No.235 bearing Survey No.26/3B with an extent of 40 cents in Papparapatti (Sulakarai) Village, Uthangarai Taluk, Krishnaigiri District.

¶13

https://www.mhc.tn.gov.in/judis

¶14

¶15

W.P.No.34509 of 2023

¶16

For Petitioner : Mr.B.Pachaiyappan For Respondents : Mr.V.Veluchamy Additional Government Pleader

¶17

O R D E R

¶18

This writ petition is filed for a simple writ of Mandamus, directing the 2^nd respondent to dispose of the application of the petitioner dated 03.05.2023 and consequently direct the 3^rd respondent to survey and demarcate the property in Patta No.235 bearing Survey No.26/3B with an extent of 40 cents in Papparapatti (Sulakarai) Village, Uthangarai Taluk, Krishnaigiri District.

¶19

2. Mr.V.Veluchamy, learned Additional Government Pleader for

¶20

the respondents would submit that since there are lot of bushes and rough edges which are creating hurdles in surveying the land, so they are not able to survey and demarcate the property freely, therefore, they also orally intimated the petitioner about it. But so far no actions have been taken by the petitioner and has not co-operated as to conduct the survey in free manner. Since the bushes and rough edges of the land has not been removed and the same are the hurdles before the authorities.

¶21

https://www.mhc.tn.gov.in/judis

¶22

¶23

W.P.No.34509 of 2023

¶24

3. However, the learned Additional Government Pleader has admitted that they have received acknowledgment that the petitioner has received letter from the respondent and they have not received any reply or instruction in writing from the petitioner. The 3^rd respondent is directed to give a representation to the petitioner to remove whatever the hurdles are to conduct the survey freely, receiving the same, the petitioner is directed to remove all the hurdles and enable the 3^rd respondent to survey and demarcate the property in free and equitable manner and on receiving the same, respondents are directed to conduct the survey, if the petitioner is otherwise eligible for the same. With the above direction, this writ petition is disposed of . No costs.

¶25

18.12.2023

¶26

Index :Yes/No Speaking :Yes/No Neutral Citation Case:Yes/No nst

¶27

https://www.mhc.tn.gov.in/judis

W.P.No.34509 of 2023

P. VELMURUGAN,J.

nst

To:

1.The District Collector, Office of the Collectorate, Krishnagiri District – 635 115.

¶34

2.The Tahsildar Uthangarai Tahsildar Office, Police Station Road, Uthangarai Taluk, Krishnagiri District – 635 207.

¶35

3.The Head Surveyor, Uthangarai Taluk Office, Krishnagiri District – 635 207.

¶36

W.P.No.34509 of 2023

¶37

18.12.2023

¶38

https://www.mhc.tn.gov.in/judis

¶39

M.Amutha v. the District Collector

Case brief

What is this about?

What did the court decide?

M.Amutha 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

Parties & counsel

Coram

Case details

Similar cases

G.Balasubramanian, Vs The Secretary to Government

Siva Kumar Vs The Commissioner and Secretary

K.Madhaiyan Vs The District Collector

A.Vinothkumar Vs Village Administrative Officer

V.Murali Vs The Secretary to Government

R.Goppalappa Vs the Arbitrator Cum District Collector