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Madras High CourtWP/24281/2019disposed of

N.Muthulakshmi v. Tjhe Tahsildar

2022-01-05Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P. No.24281 of 2019 N.Muthulakshmi ... Petitioner -Vs1.The Tahsildar O/o. The Tahsildar, Palladam Taluk, Tiruppur District.

2.The Taluk Surveyor, O/o. The Surveyor Section, Palladam Taluk, Tiruppur District.

3.A.Palanisamy ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the first respondent and second respondent to survey the petitioner's land in S.No.118/1A1, Ganapathypalayam Village, Palladam Taluk, Thiruppur District and lay boundary stones based on recent application dated 13.06.2019, within a time frame as may be fixed by this Court. For Petitioner : Mr.S.Viswanathan For Mr.Dass and Viswa Association For Respondents For R1 & R2 : Mr.P.Baladhandayutham Special Government Pleader

ORDER

The Writ Petition has been filed to direct the first respondent and second respondent to survey the petitioner's land in S.No.118/1A1, Ganapathypalayam Village, Palladam Taluk, Thiruppur District and lay boundary stones based on recent application dated 13.06.2019, within a time frame as may be fixed by this Court.

2.

Heard Mr.S.Viswanathan, learned counsel appearing for the petitioner, Mr.P.Baladhandayutham, learned Special Government Pleader appearing for the respondents 1 & 2. https://hcservices.ecourts.gov.in/hcservices/

3.

The petitioner made application to survey the land comprised in S.No.118/1A1 situated at Ganapathypalayam Village, Palladam Taluk, Thiruppur District and lay boundary stones. On receipt of the same, the first respondent conduced enquiry and on verification of documents concluded that the property comprised in survey No.118/1A to an extent of 1.10 acres jointly owned by the petitioner and her sister viz., Sarojini, by the registered partition deed dated 17.07.1995. The petitioner's sister viz., Sarojini and her legal heirs sold out their share ad measuring 55 cents in favour of one Govindaraj, vide registered document No.5997 of 2008 dated 23.04.2008. However both deeds did not contain boundaries as such the Revenue Inspectors could not be able to sub-divide the same.

4.

Considering the above, the petitioner and other purchasers are directed to demark their shares over the property and thereafter make an application before the first respondent for sub-division and survey. On receipt of the same, the first respondent is directed to survey and subdivide their respective shares, in accordance with their demark. 5.

With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rts To

1. The Tahsildar O/o. The Tahsildar, Palladam Taluk, Tiruppur District.

2. The Taluk Surveyor, O/o. The Surveyor Section, Palladam Taluk, Tiruppur District.

+1cc to M/s.Dass & Viswa Associates, SR. No.901 +1cc to Government Pleader SR.No.1595(26/05/2022) W.P. No.24281 of 2019 RSV (CO) PR (28/01/2022) https://hcservices.ecourts.gov.in/hcservices/