Madras High CourtWP(MD)/1183/2024disposed of

P.Pandian v. The Tahsildar

2024-01-22Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.(MD)No.1183 of 2024 1.P.Pandian 2.P.Subbiah 3.P.Chandra Bose ... Petitioners vs.

1.The Tahsildar, Karaikudi Taluk, Karaikudi, Sivagangai District.

2.The Head Surveyor, Office of the Tahsildar, Karaikudi, Sivagangai District.

3.S.Thanjgaraj ... 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 petitioners property situated in Aranmanai Siruvayal (South) Village, Karaikudi Taluk, Sivagangai District, Survey Nos.46-4B, 46-4C, 46-4D to an extent of 88 cents out of 1.32 acres as 1/5

per the Tamil Nadu Survey and Boundaries Act, 1923, by considering the petitioner's application dated 20.08.2023 and within a time frame as may be fixed by this Court.

For Petitioners : Mr.R.Rajeshkumar For R1 & R2 : Mr.A.Kannan Additional Government Pleader

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to survey and fix the boundaries of the petitioners property situated in Aranmanai Siruvayal (South) Village, Karaikudi Taluk, Sivagangai District, Survey Nos.46-4B, 46-4C, 46-4D to an extent of 88 cents out of 1.32 acres as per the Tamil Nadu Survey and Boundaries Act, 1923, by considering the petitioner's application dated 20.08.2023 and within a time frame as may be fixed by this Court.

2. By consent of both the parties, this Writ Petition is taken up for final disposal.

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3. According to the petitioners, they have made an application dated 20.08.2023, to the respondent 1 and 2 seeking to survey and fix the boundaries of the property in Survey Nos.46-4B, 46-4C, 46-4D to an extent of 88 cents out of 1.32 acres situated in Aranmanai Siruvayal (South) Village, Karaikudi Taluk, Sivagangai District and also remitted necessary payment to the Government Treasury. But till date no action was taken by the respondents 1 and 2. Hence, the present writ petition has been filed.

4. Heard the learned counsel for the petitioners and the learned Additional Government Pleader appearing for the respondents 1 and 2.

5. Considering the above said facts, this Court, without expressing any opinion on the merits of the matter, directs the respondents 1 and 2 to consider the petitioner's application dated 20.08.2023 and pass appropriate orders, on merits and in accordance with law, after affording reasonable opportunity to the parties concerned, within a period of eight 3/5

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. Consequently, the connected Miscellaneous Petition is closed. 22.01.2024 Index:Yes/No Internet:Yes/No akv To 1.The Tahsildar, Karaikudi Taluk, Karaikudi, Sivagangai District.

2.The Head Surveyor, Office of the Tahsildar, Karaikudi, Sivagangai District.

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V.BHAVANI SUBBAROYAN,J.

akv W.P(MD)No.1183 of 2024 22.01.2024 5/5