Madras High Court
Vasanthal vs The District Collector on 20 June, 2023
W.P(MD)No.14535 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.06.2023
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P(MD).No.14535 of 2023
Vasanthal
... Petitioner
Vs
1. The District Collector,
Sivagangai District, Sivagangai.
2. The Revenue Divisional Officer,
Sivagangai Revenue District,
Sivagangai.
3. The Tashildar,
Ilayankudi Taluk, Ilayankudi,
Sivagangai District.
4. The Additional Director Survey and Land Records,
District Collectorate, Sivagangai District.
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, to direct the third respondent
to consider the representation, dated 27.03.2023 and to direct the fourth
respondent to survey the land in Survey No.810/4 in Salaikirammam Village,
Ilayankudi Taluk, Sivagangai District.
1/4
https://www.mhc.tn.gov.in/judis
W.P(MD)No.14535 of 2023
For Petitioner : Mr.S.Mahadevan
For R1 to R4 : Mr.N.Muthu Vijayan
Special Government Pleader
ORDER
This Writ Petition has been filed in the nature of mandamus,
seeking a direction against the third respondent/Tahsildar, Ilayankudi Taluk,
Ilayankudi, Sivagangai District, to consider the representation, dated
27.03.2023 and to direct the fourth respondent to survey the land in Survey
No.810/4 in Salaikirammam Village, Ilayankudi Taluk, Sivagangai District.
2.The petitioner had filed O.S.No.12 of 2017 against one
Ramakrishnan Chettiar before the District Munsif cum Judicial Magistrate
Court, Ilayangudi, to protect his possession. After trial, by Judgment, dated
11.09.2018 the suit was decreed. The possession of the petitioner was
recognized and such possession should be protected by decree of Court. The
defendant therein filed A.S.No.45 of 2019 before the Sub Court,
Manamadurai. By Judgment, dated 04.01.2022, the said appeal suit was
dismissed. The learned counsel for the petitioner stated that no second appeal
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W.P(MD)No.14535 of 2023
to the knowledge of the petitioner has been filed.
3.In view of these circumstances, a direction is given to the third
and fourth respondents to examine the nature of decree passed in the
aforementioned suit and appeal suit, issue notice to the petitioner and
Ramakrishnan Chettiar, thereafter, if there is no material objection, proceed to
survey the aforementioned land. The entire exercise should be completed
within a period of eight weeks, from the date of receipt of a copy of this order.
4.With the above direction, this writ petition stands disposed of.
No costs.
20.06.2023
NCS : Yes/No
Index : Yes / No
Internet: Yes/ No
PNM
To
1. The District Collector/ Inspector of Panchayat,
Thoothukudi District, Thoothukudi.
2. The Block Development Officer,
Santhankulam, Thoothukudi District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.14535 of 2023
C.V.KARTHIKEYAN, J.
PNM
ORDER IN
W.P(MD).No.14535 of 2023
20.06.2023
https://www.mhc.tn.gov.in/judis
