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Madras High CourtWP(MD)/848/2024disposed of

S.Selvaraj v. The Tahsildar

2024-01-12Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD)No.848 of 2024 S.Selvaraj ... Petitioner -Vs1.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 is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents to take necessary steps to measure the petitioner's land and fix the four boundaries for S.F.No.374/8, S.F.No. 379/7A and S.F.No.379/7B situated at Rajendram (North) Village, Kulithalai Taluk, Karur District bearing Patta Nos. 838 and 636 based on the petitioner's applications dated 29.11.2012, 22.05.2013, 30.06.2021 and 08.11.2023 within a stipulated time in accordance with law.

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For Petitioner : Mr.A.N.Ramanathan For Respondent : Mr.D.Gandhi Raj Spl. Govt. Pleader

ORDER

This writ petition is filed seeking for issuance of a Writ of Mandamus directing the respondents to take necessary steps to measure the petitioner's land and fix the four boundaries for S.F.No.374/8, S.F.No. 379/7A and S.F.No.379/7B situated at Rajendram (North) Village, Kulithalai Taluk, Karur District bearing Patta Nos. 838 and 636 based on the petitioner's applications dated 29.11.2012, 22.05.2013, 30.06.2021 and 08.11.2023 within a stipulated time in accordance with law.

2. Mr.D.Gandhi Raj, learned Special Government Pleader takes notice for the respondents. By consent, 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 subject matter properties from his vendors, by name, R.S.Seenivasan, R.S.Sadagopan and R.S.Rengarajan. by way of a registered sale deed dated 2/5

14.03.2012. Thereafter, he obtained patta Nos.838 and 636. As of now, the petitioner is in peaceful possession and enjoyment of the said property without any hindrance. He sold 3 cents only. He decided to fix the boundary stone in his property. Hence, he made an applications dated 29.11.2012, 22.05.2013, 30.06.2021 and 08.11.2023 to the first respondent. Though he has approached the respondents on several times, no steps have been taken. Hence, he filed the present writ petition.

4. The learned Special Government Pleader appearing for the respondents would submit that appropriate direction may be given to the respondents to consider the petitioner's applications in accordance with law, within a time frame.

5. 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 applications and after issuing notice and affording an opportunity to the parties concerned, conduct survey in their presence and fixing the four boundaries of the petitioner's property S.F.No.374/8, S.F.No. 379/7A and S.F.No.379/7B situated at Rajendram 3/5

(North) Village, Kulithalai Taluk, Karur District bearing Patta Nos. 838 and 636 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 eight (16) weeks from the date of receipt of a copy of this order.

6. This Writ Petition stands disposed of with the above directions. No costs.

12.01.2024 NCC : Yes/No Index : Yes/No Internet : Yes skn 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.

skn Writ Petition (MD)No.848 of 2024 12.01.2024 5/5