Madras High CourtWP/16433/2021disposed of

N.Arunmozhi v. The Tahsildar

2021-08-09Honourable Mr Justice C.V. Karthikeyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2021

CORAM

THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN W.P.No. 16433 of 2021 N.Arunmozhi ..Petitioner Vs

1. The Tahsildar, Salem West Taluk Office, Ammapalaiyam Main Road, Sooramangalam, Salem District.

2. The Field Surveyor/ Firka Surveyor, Salem West Taluk Office, Ammapalaiyam Main Road, Sooramangalam, Salem District.

..Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India for writ of Mandamus, Directing the 2nd Respondent to survey the Petitioner's land to an extend of 4.27 Aces, comprised in Re-survey No.65/10A, situated at Amani Murungapatti Village, Salem Taluk, Salem District by fixing the boundaries within a stipulated time, by considering the Petitioner's representation / Application No. 2021/0105/08/206495 dated 01.04.2021.

For Petitioner : Mr.N.Vijaya Baskar for M/s.Law Vision For Respondents : Mr.Yogesh Kannadasan, GA

O R D E R

Heard Mr.Vijaya Baskar, learned counsel for the petitioner and Mr. Yogesh Kannadasan, learned Government Advocate for the respondents.

2. The land in question is to an extent of 4.65 acres in Amani Murunganpatti Village, Salem District. The petitioner claims that his father had purchased the said land by sale deed 43/1985 registered in Document No.255/1985 in the office of the Joint Sub Registrar, Salem West, Salem District.The petitioner's https://hcservices.ecourts.gov.in/hcservices/

father sold out 0.38 cents. However the balance of 4.27 acres was retained. The petitioner's father had also executed a gift settlement and the land was surveyed and RS.65/10A was allotted. The said settlement was registered as Document No.3068 on 03.12.2010 in the office No.3 Joint Sub Registrar, Salem. The petitioner claims that his father has been in continuous possession of the said lands. Now the petitioner wanted to apply patta and that requires survey of the lands. In this connection the petitioner had made an application on 01.04.2021 bearing No. 2021/01/05/08/206495. Aggrieved by the fact that the respondents had not initiated any effective steps towards that application, the present writ petition has been filed seeking mandamus against the respondents to comply with the said application.

3. Accordingly, a direction is given to the respondents, to comply with the said application dated 01.04.2021 provided it is in order, issue notice to the petitioner, thereafter inspect the lands of the petitioner and survey the same. It is directed that the said exercise should be completed within a period of sixteen weeks from the date of receipt of a copy of this order.

4. With the above directions, the writ petition is disposed of. No costs Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar ak To

1. The Tahsildar, Salem West Taluk office, Ammapalaiyam Main Road, Sooramangalam, Salem District.

2. The Field Surveyor / Firka Surveyor, Salem West Taluk Office, Ammapalaiyam Main Road, Sooramangalam, Salem District.

+1cc to the Government Pleader, S.R.No.39760 W.P.No.16433 of 2021 PCH(CO) RGA(17/09/2021) https://hcservices.ecourts.gov.in/hcservices/