N. Ramjan Beevi v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI N.Ramjan Beevi ... Petitioner vs.

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

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

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents herein to survey the petitioner's land in Plot No.246 in S.No.43/5A to an extent of 0.00.64 sq.mtr in Sakkimangalam Bit-II, Sakkimangalam Village, Madurai on 16.03.2024 by considering the petitioner's representation dated 27.08.2024 in accordance with law within the time limit as stipulated by this Court. For Petitioner : M/s.K.Hemakarthikeyan For Respondents : Mr.B.Saravanan Additional Government Pleader 1/4

ORDER

The petitioner seeks issuance of a Writ of Mandamus to direct the respondents to consider the petitioner's application for survey of Plot No.246 in S.No.43/5A. The petitioner has given a representation on 27.08.2024. The petitioner seeks expeditious disposal of the said representation. 2.However, the learned Additional Government Pleader appearing for the official respondents would submit that Plot No.246 is in the occupation of third party and not the petitioner and further, the petitioner has already been offered an alternate site in the same survey number.

3.However, the learned counsel for the petitioner submits that the said property, which is now offered, is situated more than one kilometer away from the original assigned land and also a lesser extent is being offered. The learned counsel for the petitioner would further submit that the Village Administrative Officer concerned has also informed the petitioner that there are several lands available in the vicinity.

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4.Today, the Village Administrative Officer, Mr.G.Murugesan, Sakkimangalam Bit-II Village, Madurai East Taluk, Madurai District, is present in person and he denies the allegation of the learned counsel for the petitioner that he had informed the petitioner about the availability of alternate lands. However, the Village Administrative Officer undertakes to atleast assign the very same extent that was originally assigned to the petitioner and not any lesser extent. 5.Recording the said statement of the Village Administrative Officer, this Writ Petition is disposed of with a direction to the third respondent to issue fresh assignment to the petitioner in S.No.43/5A lands, lands of an extent not lesser than what has already been assigned originally to the petitioner, namely, 0.00.64 sq.mtr. The said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. No costs. 14.03.2025 sji NCC: Yes/No Index : Yes / No Internet : Yes / No 3/4

P.B.BALAJI , J.

sji To 1.The Tahsildar, Madurai East Taluk, Madurai, Madurai District.

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

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