Madras High Court
Kalyana Sundaram vs The District Collector on 23 February, 2022
W.P.(MD)Nos.12886 and 16973 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.02.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)Nos.12886 and 16973 of 2021
and
W.M.P.(MD)No.9965 of 2021
W.P.(MD)No.12886 of 2021:-
Kalyana Sundaram ... Petitioner
vs.
1.The District Collector,
Ramanathapuram.
2.The Tahsildar,
R.S.Mangalam Taluk Office, R.S.Mangalam,
Ramanathapuram.
3.The Superintendent of Police,
Ramanathapuram.
4.The Inspector of Police,
Thiruvadanai Police Station,
Thiruvadanai.
5.Naganathan
6.Durai Murugan ... Respondents
1/8
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.12886 and 16973 of 2021
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, to forebear the respondents No.
1 to 4 from entering and measuring the land belonging to the petitioner in
S.F.No.2/2 situated at Melakaikudi village, Cuudalore group,
R.S.Mangalam Taluk, Ramanathapuram District against the judgment
and decree in O.S.No.67 of 2015 on the file of District Munsif Court,
Thiruvadanai.
For Petitioner :Mr.J.Madhu
For R1 to R4 :Mr.B.Saravanan
Additional Government Pleader
For R5 :Mr.K.R.Laxman
For R6 :No Appearance
W.P.(MD)No.16973 of 2021:-
S.Naganathan ... Petitioner
vs.
1.The Tahsildar,
Rajasingamangalam Taluk,
Rajasingamangalam Taluk,
Ramanathapuram District.
2.The Head Surveyor,
Rajasingamangalam Taluk,
Rajasingamangalam Taluk,
Ramanathapuram District.
3.Kalyana Sundaram ... Respondents
2/8
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.12886 and 16973 of 2021
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, to direct the respondents 1 and
2 to survey the petitioner's land measuring 2 Acres 25 Cents, under
Survey No.1/1B situated at Kaikudi Village, Koodalur Group,
Rajasingamangalam Taluk, Ramanathapuram District and to demarcate
the four boundaries as per the FMB Sketch by considering the
petitioner's application dated 26.07.2021 within the time fixed by this
Court.
For Petitioner :Mr.K.R.Laxman
For R1 and R2 :Mr.B.Saravanan
Additional Government Pleader
For R3 :Mr.J.Madhu
*****
COMMONORDER
W.P.(MD)No.12886 of 2021 has been filed for a Mandamus
seeking to forbear the respondents No.1 to 4 from entering and
measuring the land belonging to the petitioner in S.F.No.2/2 situated at
Melakaikudi village, Cuudalore group, R.S.Mangalam Taluk,
Ramanathapuram District against the judgment and decree in O.S.No.67
of 2015 on the file of District Munsif Court, Thiruvadanai.
2.W.P.(MD)No.16973 of 2021 has been filed seeking for a
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.12886 and 16973 of 2021
direction to the respondents 1 and 2 to survey the petitioner's land
measuring 2 Acres 25 Cents, under Survey No.1/1B situated at Kaikudi
Village, Koodalur Group, Rajasingamangalam Taluk, Ramanathapuram
District and to demarcate the four boundaries as per the FMB Sketch by
considering the petitioner's application dated 26.07.2021 within a time
frame to be fixed by this Court.
W.P.(MD)No.16973 of 2021:-
3.The learned Counsel for the third respondent submits that the
third respondent is the owner of the land in S.F.No.2/2B situated at
Melakaikudi village, Cuudalore group, R.S.Mangalam Taluk,
Ramanathapuram District, and submits that unless and until both the
petitioner's property as well as the third respondent's property are
surveyed and boundaries are demarcated, the relief sought by the
petitioner cannot be granted.
4.After hearing the submission of the learned Counsel for the third
respondent, the learned Counsel for the petitioner, on instructions,
submits that the petitioner is also agreeable for the submission made by
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.12886 and 16973 of 2021
the learned Counsel for the third respondent. The same is recorded.
5.Therefore, by consent of both parties, the following directions
are issued by this Court:
5.1.The second respondent is directed to survey and demarcate the
boundaries of the petitioner as well as the third respondent pertaining to
their respective properties, namely, S.No.1/1B owned by the petitioner
and S.No.2/2B owned by the third respondent together and based on the
survey and demarcation of boundaries, the first respondent is directed to
survey and demarcate the boundaries within a period of twelve weeks
from the date of receipt of a copy of this order. It is made clear that
before conducting survey, the second respondent shall give prior notice
to the petitioner as well as the third respondent. It is also made clear that
undertaking has also been given through the learned Counsel for the
petitioner as well as the learned Counsel for the third respondent that
while conducting survey, the petitioner or the third respondent shall not
cause any inconvenience to the second respondent or shall not interfere
with the survey.
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W.P.(MD)Nos.12886 and 16973 of 2021
6.With the above observation, W.P.(MD)No.18673 of 2021 is
disposed of. No costs.
W.P.(MD)No.12886 of 2021:-
7.In view of the order passed by this Court in W.P.(MD)No.16973
of 2021, no further orders are required in this Writ Petition. Accordingly,
this Writ Petition is closed. No costs. Consequently, connected
miscellaneous petition is closed.
Index :Yes / No 23.02.2022
Internet :Yes
cmr
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.12886 and 16973 of 2021
To
1.The District Collector,
Ramanathapuram.
2.The Tahsildar,
R.S.Mangalam Taluk Office, R.S.Mangalam,
Ramanathapuram.
3.The Superintendent of Police,
Ramanathapuram.
4.The Inspector of Police,
Thiruvadanai Police Station,
Thiruvadanai.
5.The Head Surveyor,
Rajasingamangalam Taluk,
Rajasingamangalam Taluk,
Ramanathapuram District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.12886 and 16973 of 2021
ABDUL QUDDHOSE, J.
cmr
Order made in
W.P.(MD)Nos.12886 and 16973 of 2021
23.02.2022
https://www.mhc.tn.gov.in/judis
