Shanmugam. S v. The Tahsildar

W.P.(MD) No.252 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD) No.252 of 2022 S.Shanmugam ... Petitioner vs.

1.The Tahsildar, Tahsildar Office, Sivagangai District.

2.The Deputy Surveyor, Sivagangai Taluk Office, Sivagangai District.

3.The Sub-Inspector of Police, Madhagupatti Police Station, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to measure the petitioner's properties in S.No.308/1B1 and 308/2B in Melapoongudi Village, Sivagangai Taluk, Sivagangai District in accordance with law within time stipulated by this Court. For Petitioner : Mr.J.John For Respondents : Mr.J.John Rajadurai Government Advocate

O R D E R

The writ petition has been filed in the nature of Writ of Mandamus, seeking a direction to the respondents to measure the petitioner's properties situated in S.Nos.308/1B1 and 308/2B in Melapoongudi Village, Sivagangai Taluk, Sivagangai District. 2.In the affidavit filed in support of the writ petition it had been stated that the petitioner is the owner of the said properties which measure to an extent of 1.11.15 hectares. He also claims to be in possession. He also claims that Patta No.1887 had been issued in his name for the said properties. He also claims that he had constructed a small temple in the said property. Now the petitioner seeks that the property should be measured. In this regard, the petitioner has made necessary application and had also paid necessary charges.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.252 of 2022 3.A direction is issued to the first and second respondents to conduct a survey and before conducting survey issue notice to all the persons who are residing in the surrounding area to the said lands and also to anybody who is in administration of the said temple or to the devotees of the said temple, because the temple area cannot be demarcated exclusively in the name of one particular individual and thereafter, on coming to a subjective satisfaction, proceed further to measure the area. The entire exercise may be completed within a period of sixteen weeks from the date or receipt of a copy of this order.

4.With the above observations, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) Sji Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Tahsildar, Tahsildar Office, Sivagangai District.

2.The Deputy Surveyor, Sivagangai Taluk Office, Sivagangai District.

3.The Sub-Inspector of Police, Madhagupatti Police Station, Sivagangai District.

+1 CC to M/s.SPL.GP ( SR-993[F] dated 10/01/2022 ) W.P.(MD) No.252 of 2022 07.01.2022 RD(25.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2