Oomathurai. A v. The Tahsildar
W.P.(MD) No.1045 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD) No.1045 of 2022 A.Oomathurai ... Petitioner vs.
1.The Tahsildar, Tahsildar Office, Nilakottai, Nilakottai Taluk, Dindigul District.
2.The Taluk Surveyor, Taluk Office, Nilakottai Taluk, Dindigul District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamu, directing the second respondent herein to survey and demarcate the property comprised in S.Nos.23/2 and 16/1A, to an extent of 28.50 and 62.50 hectares, situated at Pannaipatti Village, Nilakottai Taluk, Dindigul District, based on his E-challan (20210915485945) dated 15.09.2021 within the time frame that may be fixed by this Court. For Petitioner : Mr.M.Vivekkumar For Respondents : Mr.D.Ghandiraj Special Government Pleader
O R D E R
Mr.D.Ghandiraj, learned Special Government Pleader, takes notice on behalf of both the respondents.
2.The present writ petition has been filed in the nature of Writ of Mandamus, seeking examination of an online application given by the petitioner to survey and demarcate the property of the petitioner in S.Nos.23/2 and 16/1A, measuring 28.50 and 62.50 hectares, respectively, situated at Pannaipatti Village, Nilakottai Taluk in Dindigul District. The petitioner had paid the necessary charges on 15.09.2021 and a copy of the E-Challan had been filed as a document along with the plaint.
3.The petitioner has patta in his name/Patta No.350 with respect to the property at S.No.23/2. However, the patta with respect to the property at S.No.16/1A in Patta No.274 is in the name of the petitioner and also in the name of Gunasekaran S/o. Perumal Naickar.
https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD) No.1045 of 2022 4.The first respondent/Tahsildar, Nilakottai Taluk, is under an obligation to, issue notice not only to the petitioner but also to the said Gunsekaran, examine the holdings of the petitioner, examine the documents presented, examine the patta issued and thereafter, upon arriving at a subjective satisfaction, proceed further to do the necessary needful in accordance with the application filed by the petitioner. The respondents are placed under direction to complete the entire exercise within a period of twelve weeks from the date of receipt of a copy of this order.
5.With the above observations, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) 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, Tahsildar Office, Nilakottai, Nilakottai Taluk, Dindigul District.
2.The Taluk Surveyor, Taluk Office, Nilakottai Taluk, Dindigul District.
+1 CC to M/s.SPL.GP ( SR-2584[F] dated 27/01/2022 ) +1 CC to M/s.H.THAYUMANASWAMY, Advocate(SR-2665[F] dated 27/01/2022) W.P.(MD) No.1045 of 2022 25.01.2022 MK/21.02.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2