Rajendran v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2024

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Rajendran ... Petitioner vs.

1.The Tahsildar, Pudukkottai Taluk, Pudukkottai District.

2.The Taluk Surveyor, Pudukkottai Taluk, Pudukkottai 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 survey the land belongs to the petitioner in S.No.336/3 to an extent of 10 cents situated at Kavinadu Melavattam Village, Pudukkottai Taluk and District, based on the petitioner's application dated 23.05.2023. For Petitioner : Mr.D.Rameshkumar For R1 & R2 : Mrs.K.Christy Theboral Additional Government Pleader 1/5

O R D E R

This writ petition has been filed for issuance of a writ of Mandamus, directing the respondents to survey the land belongs to the petitioner in S.No.336/3 to an extent of 10 cents situated at Kavinadu Melavattam Village, Pudukkottai Taluk and District, based on the petitioner's application dated 23.05.2023.

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

3. According to the petitioner, he has purchased the land in S.No. 336.3 to an extent of 10 cents situated at Kavinadu Melavattam Village, Pudukkottai Taluk and District. Thereafter, he approached the second respondent to survey his land to mark four boundaries. But till now the respondents have not taken any steps to survey the said land. Hence the petitioner has made a representation to the respondents on 01.12.2023, requesting them to survey his land, based on his application dated 23.05.2023. Since the said representation has not been considered, the petitioner has filed the present writ petition. 2/5

4. The learned Additional Government Pleader appearing for the respondents would submit that the petitioner's application was considered on 11.09.2023 itself and the respondents inspected the property and measured it and the patta in S.No.336/1 only stands in the name of the petitioner. Patta No.800 in S.No.336/3 stands in the name of Rajendran, S/o.Sannasi and as per Natham settlement, the said property has been sub divided into 435/3C, 3D, 3E, 3F and Natham Patta No.395 stands in the name of Ramachandran, S/o.Sannasi. Since the petitioner has paid a sum of Rs.800/- only for one survey number, the land in S.No. 336/1 alone has been measured. Since the Patta No.395 in S.No.336/3 stands in the name of Ramachandran, S/o.Sannasi, the petitioner is at liberty to file an appeal before the concerned authorities.

5. Considering the above said submissions, this Court directs the petitioner to approach the concerned authorities with relevant documents to enable them to measure his land.

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

09.01.2024 akv To 1.The Tahsildar, Pudukkottai Taluk, Pudukkottai District.

2.The Taluk Surveyor, Pudukkottai Taluk, Pudukkottai District.

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V.BHAVANI SUBBAROYAN ,J.

akv 09.01.2024 5/5