This writ petition challenged the non-implementation of survey and demarcation for an allotted land plot. The Madurai Bench of the Madras High Court directed the respondents to complete the survey and demarcation within twelve weeks.
Directed respondents to complete survey and demarcation of petitioner's plot within 12 weeks of receipt of order.
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W.P(MD)No.28663 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.12.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.28663 of 2023
Kamalakannan
... Petitioner
Vs.
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to complete the 3rd respondent's proceeding,
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W.P(MD)No.28663 of 2023
vide Na.Ka.A2/502/2022, dated 14.07.2023, for Survey with demarcate the free Assignment Patta issued to the petitioner for the purpose of construct a House as per condition of Assignment Patta in Plot No.23 (Survey No.91/1A1A2), to an extent of 2 cents, Kottakudi Revenue Village, Sivagangai Taluk, Sivagangai District with based on the petitioner's representations 26.06.2023, 10.07.2023 and 20.11.2023, within a stipulated time that may be fixed by this Court.
For Petitioner : Mr.R.Senthilkumar
For Respondents : Mr.V.Nirmal Kumar, Government Advocate for R1 to R3. Mr.A.Albert James, Government Advocate for R4.
ORDER
Heard both sides.
11.01.2023. The grievance of the petitioner is that the land has not been surveyed, demarcated and handed over. Only if such an exercise is carried out, the petitioner will be able to comply with the condition of construction within the time line.
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W.P(MD)No.28663 of 2023
I do not want to go into the said controversy. When a piece of land has been assigned in favour of the petitioner, it is the duty of the respondents to ensure that the petitioner is able to enjoy the fruits of the assignment. This exercise shall be completed by the respondents within a period of twelve weeks from the date of receipt of a copy of this order.
4.This writ petition is allowed accordingly. No costs.
07.12.2023
NCC : Yes/No Index : Yes / No Internet : Yes/ No ias
To:-
3.The Special Tahsildar, Adi Thiravidar Welfare Department, Special Tahsildar Office, Sivagangai District – 630 562.
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W.P(MD)No.28663 of 2023
G.R.SWAMINATHAN, J.
ias
4.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.
W.P(MD)No.28663 of 2023
07.12.2023
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2 issues framed by the court
Whether the respondents are directed to complete the survey and demarcation of the petitioner's allotted assignment patta plot.
Whether the petitioner can be directed to enjoy the fruits of the land assignment without obstruction from earlier assignees.
1 provisions across 1 enactments
Kamalakannan
The District Collector, Sivagangai
The District Welfare Officer, Sivagangai
The Special Tahsildar, Sivagangai
The Superintendent of Police, Sivagangai
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
