Madras High CourtWP(MD)/1043/2021disposed of

Vellammal.M v. The Tahsildar

2022-09-07Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.1043 of 2021 M.Vellammal ... Petitioner vs.

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

2.The Taluk Surveyor, Madurai South Taluk, Madurai 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 and fix the boundaries of the land in Survey No.102/2B2 belonged to the petitioner situated at Thanakkankulam Village, Tirupparankundram Taluk, Madurai District, based on the petitioner's representation, dated 14.12.2020 and her sale deed vide Document No. 3400 of 2008, dated 26.03.2008 within the period that may be stipulated by this Court.

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For Petitioner : Mr.A.Balakrishnan For Respondents : Mr.D.Sadiq Raja Additional Government Pleader

O R D E R

This Writ Petition is filed for issuance of a Writ of Mandamus, directing the respondents to survey and fix the boundaries of the land in Survey No.102/2B2 belonged to the petitioner situated at Thanakkankulam Village, Tirupparankundram Taluk, Madurai District, based on the petitioner's representation, dated 14.12.2020 and her sale deed vide Document No.3400 of 2008, dated 26.03.2008.

2. The case of the petitioner is that she is the owner of the land in Survey No.102/2B2 situated at Thanakkankulam Village, Tirupparankundram Taluk, Madurai District and the Patta stands in the name of the petitioner. All the revenue records stands in her name and in order to fix the four boundaries, the petitioner has approached the second respondent in person for surveying the land. Further, she has also made a 2/5

representation to the respondents to survey the above said land and paid necessary fee of Rs.800/-, on 16.12.2020. However, the respondents have not taken any steps to survey the land. Hence, the petitioner has filed this writ petition.

3. Mr.D.Sadiq Raja, learned Additional Government Pleader appearing for the respondents has produced the Enquiry Notice of the Revenue Divisional Officer, Thirumangalam, dated 25.08.2022 and submitted that an enquiry has to be held before the Revenue Divisional Office on 08.09.2022, at 3.00 p.m., and the petitioner was also directed to appear before the R.D.O. Office along with the documents for enquiry.

4. Considering the above said submissions, this Court directs the Revenue Divisional Officer, Thirumangalam to complete the enquiry and pass appropriate orders. Thereafter, the authority concerned ie., the respondents shall pass an order for surveying and fixing the boundaries of the land in Survey No.102/2B2, within a period of eight weeks. 3/5

5. With the above directions, this Writ Petition is disposed of. No costs.

07.09.2022 akv To 1.The Tahsildar, Madurai South Taluk, Madurai District.

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

Copy to:

The Revenue Divisional Officer, Thirumangalam.

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V.BHAVANI SUBBAROYAN,J.

akv W.P(MD)No.1043 of 2021 07.09.2022 5/5