C.Pannerselvam v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.10.2023 CORAM :
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN WP No.29769 of 2023 C.Pannerselvam ....
Petitioner -Vs1. The Tahsildar, Salem District - 636 111
2. The Land Surveyor, Salem District -636 111 ....
Respondents Prayer :- Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 and 2 herein to survey and fix boundaries in the property situated in Survey Nos.134/8, 134/9B, 134/11B, Muthampatti Village, Vazhapadi Taluk, Salem District in favour of the petitioner. For Petitioner : Mr.S.Sheik Thanveer Ahamed For Respondents : Mr.P.Gurunathan Additional Government Pleader 1 / 6
O R D E R
This writ petition has been filed for a direction to the respondents 1 and 2 herein to survey and fix boundaries in the property situated in Survey Nos.134/8, 134/9B, 134/11B, Muthampatti Village, Vazhapadi Taluk, Salem District in favour of the petitioner. 2.
The case of the petitioner is that originally the property stood in the name of one Mr.Krishnan, who is the grand father of the petitioner and he made a settlement to his Son Mr.Chinnapaiyan, who is the father of the petitioner by executing a registered Settlement deed in favour of his son and it was registered as document No.4322 of 2011 in the Sub Registrar Officer, Vazhapadi. The petitioner's father Mr.Chinnapaiyan had executed a Settlement deed in favour of the petitioner for the property situated in Muthampatti Village, Vazhapadi Taluk, Salem District, in Survey Nos.134/8, 134/9B, 134/11B and 145/2 and it was registered as Document No.819 of 2014 in the Sub Registrar office, Vazhapadi and the patta was also issued in favour of the 2 / 6
petitioner in Patta No.118. After the settlement deed executed in favour of the petitioner, the petitioner want to fix the boundaries for his property and therefore, the petitioner has submitted an application dated 07.06.2023 before the 1st respondent to survey the land for which he has also made a payment of Rs.2,400/-. Till date, no action has been taken with regard to the application submitted by the petitioner. The petitioner in this regard has also made a representation dated 07.07.2023 to the respondents. Since the respondents did not take any steps to survey the land and fix the boundaries, the present writ petition has been filed before this Court, seeking for appropriate directions.
3. Mr.P.Gurunathan, learned Additional Government Pleader takes notice for respondents 1 and 2 and submits that if a period of eight weeks time is granted, the respondents would consider the representation of the petitioner and pass appropriate orders.
4. Heard the learned counsel for the petitioner and the learned 3 / 6
counsel appearing for the respondents.
5. Considering the submission of the learned counsel for the petitioner, without going into the merits of the case, there shall be a direction to the respondents 1 and 2 to survey the property situated in Survey Nos.134/8, 134/9B, 134/11B and 145/2 and fix the boundaries, within a period of eight (8) weeks from the date of receipt of a copy of this order.
6.
This Writ petition is disposed of with the above directions. No costs.
13.10.2023 rka Index : Yes/No Internet : Yes/No To
1. The Tahsildar, 4 / 6
Salem District - 636 111
2. The Land Surveyor, Salem District -636 111 V.BHAVANI SUBBAROYAN.,J rka 5 / 6
13.10.2023 6 / 6