Allowed

Angalaeswari.R v. The District Collector

Madras HC5 Jan 2023WP(MD)/233/2023

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking directions for survey and marking of specific land boundaries and removal of illegal encroachment. The court accepted the representation and directed the Tahsildhar to complete the survey and action within 12 weeks.

What did the court decide?

The third respondent (Tahsildhar) is directed to conduct a survey and mark boundaries in the specified survey numbers and remove any encroachments by following due process, within 12 weeks.

Angalaeswari.R Vs The District Collector — Property and Title | Madras HC (2023)

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W.P.(MD) No.233 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 05.01.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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W.P.(MD)No.233 of 2023

R.Angalaeswari

... Petitioner

Vs.

1.The District Collector, Virudhunagar District.

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2.The Revenue Divisional Officer, Thiruchuli Taluk, Virudhunagar District.

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3.The Tahsildhar, Thiruchuli Taluk, Virudhunagar District.

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4.The Assistant Director of Survey and land records, Virudhunagar District. ... Respondents

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_____________ Page 1 of 6_

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

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W.P.(MD) No.233 of 2023

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PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3^rd and 4^th respondents to survey and mark the boundaries of Natham Pormpokku in Survey Nos. 494/26, 492/11, 493/1, 493/34 in Vellanoorani Panchayat, Narikudi Union, Ammanpatti, Perumaldevanpatti Post, Thiruchulli Taluk, Virudhunagar District and consequently direct the 1^st and 2^nd respondent to remove the illegal encroachment made in the public path way in the above said survey Nos. 494/26, 492/11, 493/1, 493/34 in Vellanoorani Panchayat, Narikudi Union, Ammanpatti, Perumaldevanpatti Post, Thiruchulli Taluk, Virudhunagar District.

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For Petitioner : Mr.N.Ganesh

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For Respondents

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: Mr.K.Balasubramani, Special Govt. Pleader.

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O R D E R

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[Order of the Court was made by D.KRISHNAKUMAR, J.]

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This Writ Petition has been filed for issuance of a Writ of Mandamus,

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directing the 3^rd and 4^th respondents to survey and mark the boundaries of Natham Pormpokku in Survey Nos. 494/26, 492/11, 493/1, 493/34 in Vellanoorani Panchayat, Narikudi Union, Ammanpatti, Perumaldevanpatti Post,

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Page 2 of 6

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

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W.P.(MD) No.233 of 2023

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Thiruchulli Taluk, Virudhunagar District and consequently direct the 1^st and 2^nd respondent to remove the illegal encroachment made in the public path way in the above said survey Nos. 494/26, 492/11, 493/1, 493/34 in Vellanoorani Panchayat, Narikudi Union, Ammanpatti, Perumaldevanpatti Post, Thiruchulli Taluk, Virudhunagar District.

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2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

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3. The learned counsel appearing for the petitioner submitted that the petitioner made a representation on 21.12.2022, to the third respondent, seeking to conduct survey and mark the boundaries of the lands in S.Nos.494/26, 492/11, 493/1, 493/34 and also to remove the illegal encroachments made on the aforesaid survey numbers. However, the respondents have not considered the said representation till date. Hence, the petitioner has filed this Writ Petition.

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

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W.P.(MD) No.233 of 2023

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4. The learned Special Government Pleader appearing for the respondents, on instructions submitted that the respondents are agreed to nominate a Taluk Surveyor to conduct the survey and measure the aforementioned survey numbers, based on the representation of the petitioner dated 21.12.2022.

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5 . Recording the aforesaid submission, we direct the third respondent Tahsildar, to consider the representation of the petitioner dated 21.12.2022 and conduct survey and mark the boundaries in the aforesaid survey numbers. If there is any encroachment in the aforesaid survey numbers, the third respondent is also directed to remove the same, after affording sufficient opportunity to all the parties concerned and by following due process of law. The aforesaid exercises, shall be completed as expeditiously as possible, preferably within a period of twelve [12] weeks from the date of receipt of a copy of this order.

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6. With the above direction, this Writ Petition is disposed of. No costs.

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

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W.P.(MD) No.233 of 2023

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[D.K.K., J.] [R.V., J.] 05.01.2023 NCC : Yes / No Index : Yes / No

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vsm

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1.The District Collector, Virudhunagar District.

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2.The Revenue Divisional Officer, Thiruchuli Taluk, Virudhunagar District.

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3.The Tahsildhar, Thiruchuli Taluk, Virudhunagar District.

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4.The Assistant Director of Survey and land records, Virudhunagar District.

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D.KRISHNAKUMAR, J. and

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_____________ Page 5 of 6_

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

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W.P.(MD) No.233 of 2023

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R.VIJAYAKUMAR, J.

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vsm

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W.P.(MD)No.233 of 2023

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05.01.2023

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_____________ Page 6 of 6_

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

Angalaeswari.R v. The District Collector

Case brief

What is this about?

What did the court decide?

Angalaeswari.R v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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