M.Vijayakumar v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.12.2022 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.33332 of 2022 M.Vijayakumar ... Petitioner -Vs1. The Tahsildar, Gingee Taluk Office, Gingee Taluk, Villupuram District.
2. The Firka Surveyor, O/o.Gingee Taluk Office, Gingee Taluk, Villupuram District.
3. The State Rep. by The Inspector of Police, E7, Kandachipuram Police Station, Villupuram District - 605 701.
4. M/s.Imperial Granites Pvt Ltd., Rep. by its Branch Manager, R.Snop 6/8, 16/2, Athikulam Village, Varchur, Madurai - 625 020.
... Respondents Prayer : Writ Petitions under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st respondent to survey the petitioner's property in Old Survey No.22/2, New Survey No.22/2Q, 22/2S, 22/2R to an extent of 0.23 cents situated at Padipallam village, Gingee Taluk, Villupuram District, to issue 1/6
separate patta in his favour after necessary Sub-Division and demarcation of boundaries of his agricultural property on the basis of his representation dated 08.11.2022 within the time stipulated by this Court. For Petitioner : Mr. N.Gokula Rao for Mr.S.Elumalai For Respondents : Mr.Yogesh Kannadasan Special Govt. Pleader [RR1to 3]
ORDER
The prayer sought for in this writ petition is for a writ of mandamus directing the 1st respondent to survey the petitioner's property in Old Survey No.22/2, New Survey No.22/2Q, 22/2S, 22/2R to an extent of 0.23 cents situated at Padipallam village, Gingee Taluk, Villupuram District and to issue separate patta in his favour after necessary SubDivision and demarcation of boundaries of his agricultural property on the basis of his representation dated 08.11.2022 within the time stipulated by this Court.
2. The petitioner in order to survey the land at S.No.22/2Q, 22/2S, 22/2R at Padipallam Village, Gingee Taluk, Villupuram District and to issue separate patta has made an application through on-line as well as 2/6
the representation dated 08.11.2022 and paid necessary fee through online on 18.08.2022.
3. Despite the said application having been made and necessary fee has also been paid, since no action has been taken, the petitioner has moved the present writ petition.
4. Heard Mr.N.Gokula Rao, learned counsel appearing for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents.
5. Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents, on instructions would submit that, if the application has already been filed to survey the land and the fee has also been paid, the same shall be considered by the respondents especially the first and second respondents and accordingly, the needful would be undertaken within a time frame that may be stipulated by this Court. 3/6
6. Having regard to the said stand taken by the learned Special Government Pleader appearing for the respondents, this Court is inclined to dispose of this writ petition with the following orders: That there shall be a direction to the first and second respondents to take action on the said application submitted by the petitioner for survey of the land in question and accordingly do the needful as prayed for by the petitioner and complete the same within a period of six(6)weeks from the date of receipt of a copy of this order.
With this direction, this writ petition is disposed of. No costs. 12.12.2022 Index : Yes/No mp 4/6
To
1. The Tahsildar, Gingee Taluk Office, Gingee Taluk, Villupuram District.
2. The Firka Surveyor, O/o.Gingee Taluk Office, Gingee Taluk, Villupuram District.
3. The Inspector of Police, E7, Kandachipuram Police Station, Villupuram District - 605 701.
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R. SURESH KUMAR, J.
mp W.P.No. 33332 of 2022 12.12.2022 6/6