M.Babitha v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 22.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.1240 of 2024 M.Babitha

...Petitioner

/Vs./ 1.The Tahsildar, Budalur Taluk, Thanjavur District.

2.The Taluk Surveyor, Budalur Taluk, Budalur, Thanjavur 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 survey petitioner's land situated in Thanjavur District, Budalur Taluk, Surakudipatti Village, Patta No.1919, comprised in S.Nos.433/1 and 433/2, totally measuring about 4 acres 14 cents as per records by considering petitioner's application with online payment challan dated 06.10.2022 and 13.09.2023 and petitioner's representation dated 10.10.2023. For Petitioner : Mr.R.Narayanan For Respondents : Mr.D.Gandhiraj Special Government Pleader 1/4

ORDER

This writ petition has been filed for issuance of writ of mandamus directing the respondents to survey the petitioner's land situated in Thanjavur District, Budalur Taluk, Surakudipatti Village, Patta No.1919, comprised in S.Nos.433/1 and 433/2, totally measuring about 4 acres 14 cents, by considering petitioner's application with online payment challan dated 06.10.2022 and 13.09.2023 and petitioner's representation dated 10.10.2023.

2. According to the petitioner, the subject property was purchased by the petitioner by way of registered sale deed and patta, chitta and adangal have also been mutated in her name. The petitioner is going to start an agricultural allied activity such as fishing farm. Therefore, the petitioner made an application for survey of the subject property and she has also paid necessary fee for the same. A representation was also made to the respondents with regard to the same. Since no action has been taken by the respondents, this writ petition has been filed.

3. The learned Special Government Pleader appearing for the respondents submits that the petitioner's application will be considered and her land will be measured.

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4. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

5. Considering the above facts and circumstances of the case, this Court directs the respondents to conduct survey of the subject property by considering the representation made by the petitioner dated 10.10.2023, in the presence of the petitioner and any other necessary party, whom the respondents deem fit to put on notice within a period of four [4] weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs. 22.01.2024 NCC : Yes/No Index : Yes/No Internet:Yes/No sm 3/4

V.BHAVANI SUBBAROYAN, J.

sm TO:- 1.The Tahsildar, Budalur Taluk, Thanjavur District.

2.The Taluk Surveyor, Budalur Taluk, Budalur, Thanjavur District.

Order made in W.P(MD)No.1240 of 2024 Dated:

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