Madras High CourtWP/16592/2021disposed of

Philadelphya Full Gospel Social Service Firm v. The Thasildar

2021-08-10Honourable Mr Justice C.V. Karthikeyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.08.2021

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN WP.No.16592/2021 [Video Conferencing] Philadelphya Full Gospel Social Service Firm, rep.by its General Secretary Mr.J.Raja, Stephan ... Petitioner

Versus

1.The Tahsildar Taluk Office Kothagiri Taluk Nilgiris District.

2.The Head Surveyor Taluk Office, Kothagiri Taluk Nilgiris District.

... Respondents Prayer : - Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 1st respondent herein to consider the petitioner's application dated 02.07.2021 and direct the 2nd respondent to survey the land and fix the boundary stone around the land comprising in survey No.1072 to the extent of 2.40 hectares bearing patta No.4811 situated at Nedukula Village, Kothagiri Taluk, Nilgiris District.

For Petitioner :

Mr.E.Kannadasan For Respondents :

Mr.Yogesh Kannadasan Government Advocate

ORDER

(1) Mr.Yogesh Kannadasan, learned Government Advocate accepts notice on behalf of the respondent.

(2) The writ petition has been filed in the nature of a mandamus seeking a direction to the respondents, viz., the Tahsildar of Kothagiri Taluk, Nigiris District and also the Head Surveyor in the same Taluk to survey the land in S.No.1072 measuring 2.40 Hectares bearing Patta No.4811 in Nedukula Village, Kothagiri Taluk Nilgiris District and fix boundary stones surrounding the land.

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(3) In the affidavit filed in support of the said property, it had been stated that the petitioner Firm is the owner of the said lands, but there are some encroachments from the neighbours who appear to have a fixation to remove the boundary stones and try to enter into the lands. In view of this, a written representation had been given on 02.07.2021, even paying fees seeking survey of the lands and also to fix the boundary stones and since there has been no response, writ petition had been filed. (4) A direction is given to the respondents to examine the said representation dated 02.07.2021 and if requisite charges are not paid, direct necessary charges to be paid by the petitioner, issue notice to the petitioner and also in the presence of surrounding neighbours, try to survey the land and fix the boundary stones and the entire exercise is to be completed within a period of twelve weeks from the date of receipt of a copy of this order.

(5) The writ petition stands disposed of accordingly. No costs.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar AP To 1.The Tahsildar Taluk Office, Kothagiri Taluk Nilgiris District.

2.The Head Surveyor Taluk Office, Kothagiri Taluk Nilgiris District.

+1 CC to Mr.E.Kannadasan, Advocate sr 39295 +1 Cc to The Government Pleader sr 40041.

WP.No.16592/2021 PA(CO) SP(17/08/2021) https://hcservices.ecourts.gov.in/hcservices/