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Madras High CourtWP(MD)/987/2013disposed of

K.K. Saroja, v. The Tahsildar,

2021-04-22Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH K.K.Saroja : Petitioner Vs.

1. The Tahsildar, Madurai South Taluk, Madurai-625 020.

2. The District Collector, Madurai District, Madurai.

3. The Director, Department of Survey and Land Records, Ezhilagam, Chepauk, Chennai-600 005.

4. The Joint Director of Survey and Land Records, Board of Revenue, Chepauk, Chennai-600 005.

5. The Regional Deputy Director of Survey and Land Records, Collectorate, Madurai - 625 020.

6. The Assistant Director of Survey and Land Records, Personal Assistant to Collector-Survey, Collectorate, Madurai-625 020.

: Respondents (Respondent Nos.4 to 6 were impleaded as per order of this Court dated 22.04.2021 in W.M.P.(MD).No.5270 of 2018 in W.P.(MD).No.987 of 2013) PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to provide the correct present survey number of the petitioner house site in Pymash No.439, Thanakkankulam Village, Madurai South Taluk, to survey and identify the same within a time framed to be fixed by this Court.

For Petitioner : Mr.N.Mariappan For Respondents : Mr.M.Muniasamy Additional Government Pleader

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondents to consider the representation / application made by the petitioner and provide the correct survey 1/3

number for the Pymash No.439, Thanakkankulam Village, Madurai South Taluk.

2. The case of the petitioner is that she has purchased the subject property, which is a house site, by means of a registered sale deed, dated 27.01.1967. The further case of the petitioner is that originally the property was identified as Pymash Number. Subsequent to the UDR Scheme, the property has been assigned a new survey number. The petitioner is not aware about the new Survey number and was seeking for the said information with the respondents. Several applications were also made in this regard under the Right to Information Act, 2005. Left with no other alternative, the present Writ Petition has been filed before this Court seeking for appropriate directions.

3. The Impleading Petition has been filed to implead the respondents 4 to 6 and the same was also allowed by this Court.

4. Heard Mr.M.Mariappan, learned counsel appearing on behalf of the petitioner and Mr.M.Muniasamy, learned Additional Government Pleader appearing on behalf of the respondents 1 to 6.

5. The only grievance of the petitioner seems to be that she is not able to correctly identify the present survey number against the old Pymash number that has been mentioned in the document. For that purpose, she has gone before the respondents and sought for the details and also further requested for the survey of the property.

6. The petitioner is directed to make a fresh representation to the first respondent seeking for the details of the present survey number for the house site purchased by the petitioner in Pymash No.439.

The first respondent on receipt of the representation from the petitioner shall identify the property by conducting a survey and shall provide the correct survey number to the petitioner. The petitioner shall pay the necessary charges for the purpose of conducting the survey. This process shall be completed by the first respondent within a period of eight weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To

1. The Tahsildar, Madurai South Taluk, Madurai-625 020.

2. The District Collector, Madurai District, Madurai.

3. The Director, Department of Survey and Land Records, Ezhilagam, Chepauk, Chennai-600 005.

4. The Joint Director of Survey and Land Records, Board of Revenue, Chepauk, Chennai-600 005.

5. The Regional Deputy Director of Survey and Land Records, Collectorate, Madurai - 625 020.

6. The Assistant Director of Survey and Land Records, Personal Assistant to Collector-Survey, Collectorate, Madurai-625 020.

Order made in Dated :

22.04.2021 AS(10.06.2021)3P 7C 3/3