K.Shanmugasundaram v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN K.Shanmugasundaram ... Petitioner Vs 1.The Tahsildar, Kulithalai Taluk, Karur District.

2.The Head Surveyor, Kulithalai Taluk, Karur District.

3.The Firka Surveyor, Kulithalai Taluk, Karur District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to take necessary steps to measure the petitioner's land and fix the boundaries for S.F.No.381/2 at Rajendram (North) Village, Kulithalai Taluk, Karur District bearing patta No.837, based on the petitioner's application dated 30.07.2018 within a stipulated time. For Petitioner : Mr.A.N.Ramanathan For R1 to R3 : Mr.SRA.Ramachandran Additional Government Pleader 1/5

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, directing the respondents to take necessary steps to measure the petitioner's land and fix the boundaries for S.F.No.381/2 at Rajendram (North) Village, Kulithalai Taluk, Karur District bearing patta No.837, based on the petitioner's application, dated 30.07.2018.

2. Heard Mr.A.N.Ramanathan, learned counsel appearing for the petitioner and Mr.SRA.Ramachandran, learned Additional Government Pleader appearing for the respondents.

3. By consent, this writ petition is disposed of at the admission itself.

4. According to the petitioner, the land to an extent of 1 Acre 90 cents in S.F.No.381/2 situated at Rajendram (North) Village, Kulithalai Taluk, Karur District was purchased by the petitioner from his vendors namely R.S.Seenivasan, R.S.Sadagopan and R.S.Rengarajan by way of registered sale deed in Doc.No. 925/2012 dated 14.03.2012. After purchase, he made an application to the first respondent and separate patta was issued in his name in Patta No.837. As of now, the petitioner is in peaceful possession and enjoyment of the above said property 2/5

without any hindrance. Revenue records like Patta, Chitta, Adangal also stands in his name. In the meantime, the petitioner decided to fix the boundary stones in his property. Hence, he made an application, dated 30.07.2018 to the first respondent for survey of his land as per the patta. He has also paid the necessary fees vide challan dated 30.07.2018. Since, the respondents did not take any action, the petitioner has approached this Court by way of filing the present Writ Petition for the relief stated supra.

5.The learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that appropriate direction may be given to the respondents 1 to 3 to consider the petitioner's application dated 30.07.2018, in accordance with law, within a time frame.

6.Considering the limited scope of the prayer sought for by the petitioner, without going into the merits of the matter, this Court directs the respondents to consider the petitioner's application dated 30.07.2018 and after issuing notice and affording an opportunity to the parties concerned, conduct survey in their presence and demarcate the land in S.R.No.381/2 at Rajendram (North) Village, Kulithalai Taluk, Karur District and pass orders in accordance with law and communicate the decision taken by the respondents to the petitioner and others concerned. Such exercise shall be completed within a period of Twelve (12) weeks from the date of 3/5

receipt of a copy of this order.

7.This Writ Petition stands disposed of with the above directions. No costs. Index : Yes/No Internet: Yes/No 12.01.2024 am To 1.The Tahsildar, Kulithalai Taluk, Karur District.

2.The Head Surveyor, Kulithalai Taluk, Karur District.

3.The Firka Surveyor, Kulithalai Taluk, Karur District.

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V.BHAVANI SUBBAROYAN, J.

am 12.01.2024 5/5