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Madras High CourtWP(MD)/1204/2024disposed of

Palpandi 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 Palpandi ... Petitioner -Vs1.The Tahsildar, Sathankulam Taluk, Thoothukudi District.

2.The Head Surveyor Sathankulam Taluk, Thoothukudi 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 survey and fix boundaries of 550 sq.ft situated Survey No. 1152/2 of Puthukulam, Sathankulam Taluk, Thoothukudi District as per the Patta No.816 dated 09.06.2022 on the file of the first respondent, Tahsildar, Sathankulam Taluk, Thoothudi District based on the petitioner's representation and fee remittance receipt dated 08.01.2024 to the first respondent and thereby direct the second respondent to survey the land within the time that may be stipulated by this court. 1/5

For Petitioner : Mr.S.P.Naveenkumar For Respondents : Mr.D.Gandhi Raj Special Government Pleader

ORDER

The writ petition is filed seeking for issuance of a Writ of Mandamus directing the respondents to survey and fix boundaries of 550 sq.ft situated Survey No.1152/2 of Puthukulam, Sathankulam Taluk, Thoothukudi District as per the Patta No.816 dated 09.06.2022 on the file of the first respondent, Tahsildar, Sathankulam Taluk, Thoothudi District based on the petitioner's representation and fee remittance receipt dated 08.01.2024 to the first respondent.

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 petitioner is having property to an extent of 550 sq.ft in Survey No.1152/2 at Puthukulam, Sathankulam Taluk, Thoothukudi District. The said property has been gifted to the petitioner by his father. He has also 2/5

patta No.816 for the above said property. While so, the Block Development Officer tried to lay the road in the petitioner's village without conducting proper survey. Since the said Block Development Officer tried to change the boundaries of the petitioner's land, he gave a representation to the first respondent to survey his land and fix boundaries. Since the said representation is pending, he has come before this Court.

4. The learned counsel for the petitioner would submit that it would suffice if the representation of the petitioner is disposed of by the first respondent, on merits and in accordance with law within the time stipulated by this Court.

5. The learned Special Government Pleader appearing for the respondents would submit that the representation of the petitioner will be considered in accordance with law by the first respondent. In this regard, he has also produced a copy of the letter dated 20.01.2024 sent by the first respondent.

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6. In view of the above, without going into the merits of the claim made by the petitioner in this Writ Petition, the first respondent is directed to pass appropriate orders on the representation of the petitioner, dated 08.01.2024, on merits and in accordance with law, after giving notice to the interested parties, if any, within a period of eight weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition stands disposed of. No costs.

22.01.2024 NCC : Yes/No Index : Yes/No Internet : Yes/No skn To 1.The Tahsildar, Sathankulam Taluk, Thoothukudi District.

2.The Head Surveyor Sathankulam Taluk, Thoothukudi District.

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V.BHAVANI SUBBAROYAN, J.

skn 22.01.2024 5/5