Thaiyal Nayagi v. The Tahsildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.11.2018

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.31188 of 2018 Thaiyal Nayagi

...Petitioner

..Vs..

1.The Tahsildar, Sankarapuram Taluk, Sankarapuram, Villupuram District.

2. The Sub Inspector of Police, Land Grabbing Special Wing, Villupuram District, Villupuram.

3. Saminathan

...Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to demarcate the petitioner's properties in Survey Nos.60/2 of 0.72 cents and 60/3 of 0.68 cents at Paramanatham Village, Moorarpalayam Post, Sankarapuram Taluk, Villupuram District. Within a stipulated period fixed by this Honourable Court.

For Petitioner : Mr.C.Samivel For Respondents: Mr.E.Balamurugan (R1 and R2) Special Government Pleader

O R D E R

By consent, this Writ Petition is taken up for final disposal at the stage of admission itself.

2. This Writ Petition has been filed seeking for a direction to the first respondent to demarcate the petitioner's properties in Survey Nos.60/2 of 0.72 cents and 60/3 of 0.68 cents at Paramanatham Village, Moorarpalayam Post, Sankarapuram Taluk, Villupuram District.

3. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 09.02.2016, to https://hcservices.ecourts.gov.in/hcservices/

the respondents 1 and 2 seeking to survey, measure and demarcate his aforesaid property, but, the same is yet to be disposed of by the respondents 1 and 2. It is stated that the petitioner has paid necessary charges to survey his property vide challan dated 11.03.2016.

Since no action has been taken on the representation of the petitioner till date, the petitioner has come forward with this writ petition seeking for the aforesaid relief.

3.

Heard Mr.E.Balamurugan, learned Special Government Pleader who accepts notice on behalf of the respondents 1 and 2. 4.

It is the fact that there is dearth of surveyors in many of the Taluk Offices and there are many petitions and requests as that of the petitioner herein waiting their properties to be surveyed. Hence, the respondent concerned is directed to have a list of such requests and conduct the survey as per the order of priority. However, any such request for survey of the land shall be done, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and others, if any interested in the matter.

6. With the above direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar arr/rli To 1.The Tahsildar, Sankarapuram Taluk, Sankarapuram, Villupuram District.

2. The Sub Inspector of Police, Land Grabbing Special Wing, Villupuram District, Villupuram.

+1cc to Mr.C.Samivel, Advocate, S.R.No. 81119 +1cc to the Government Pleader, S.R.No. 81722 W.P.No.31188 of 2018 NRI(CO) GN(19/12/2018) https://hcservices.ecourts.gov.in/hcservices/