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Madras High CourtWP(MD)/43/2024disposed of

Murugan C v. The Thasildar

2024-01-03Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.(MD)No.43 of 2024 C.Murugan ... Petitioner vs.

1.The Tahsildar, Dindigul East Taluk, Dindigul, Dindigul District.

2.The Taluk Surveyor, Dindigul East Taluk, Dindigul, Dindigul District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to carry out appropriate survey and demarcation of the petitioner's landed property in S.No.299/3A, now subdivided S.No.299/3A2B of an extent of 18 cents, out of total extent of 3 acre 56 cents and S.No.299/3B2B of an extent of 17 cents out of 80 cents situated at Senkurichi Village, Sanarpatti Panchayat Union, Dindigul East Taluk, Dindigul District within a stipulated time.

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For Petitioner : Mr.R.Thangapandian For Respondents : Mr.P.Thambi Durai Government Advocate

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to carry out appropriate survey and demarcation of the petitioner's landed property in S.No.299/3A, now subdivided S.No.299/3A2B to an extent of 18 cents, out of total extent of 3 acre 56 cents and S.No.299/3B2B to an extent of 17 cents out of 80 cents situated at Senkurichi Village, Sanarpatti Panchayat Union, Dindigul East Taluk, Dindigul District within a stipulated time.

2. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that he has purchased the landed properties in S.No.298/1B to an extent of 30 cents, out of total extent of 1 acre 53 cents. S.No.299/3A now subdivided as S.No.299/3A2B to an 2/5

extent of 18 cents, out of the total extent of 3 acres 56 cents and S.No. 299/3B2B to an extent of 17 cents out of 80 cents situated at Senkurichi Village, Sanarpatti Panchayat Union, Dindigul East Taluk, Dindigul District. For the purpose of survey and demarcation, the petitioner has made a representation to the respondents on 16.11.2023. Since the said representation has not been considered so far, the petitioner has filed the present writ petition.

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents 1 and 2.

5. Considering the above said facts, this Court, without expressing any opinion on the merits of the matter, directs the respondents to survey and demarcate the property in S.No.299/3A, now subdivided S.No. 299/3A2B to an extent of 18 cents, out of total extent of 3 acre 56 cents and S.No.299/3B2B to an extent of 17 cents out of 80 cents situated at Senkurichi Village, Sanarpatti Panchayat Union, Dindigul East Taluk, Dindigul District, with the police protection if necessary, by considering 3/5

the petitioner's representation dated 16.11.2023, after affording reasonable opportunity to all the parties concerned, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of. No costs.

03.01.2024 Index:Yes/No Internet:Yes/No NCC:Yes/No akv To 1.The Tahsildar, Dindigul East Taluk, Dindigul, Dindigul District.

2.The Taluk Surveyor, Dindigul East Taluk, Dindigul, Dindigul District.

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V.BHAVANI SUBBAROYAN,J.

akv W.P.(MD)No.43 of 2024 03.01.2024 5/5