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Madras High CourtWP(MD)/1079/2022disposed of

Perumal v. The Thasildar

2023-04-10Honourable Mr Justice C.V. Karthikeyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.04.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.1079 of 2022 Perumal ... Petitioner Vs

1. The Tahsildar, Vedasandur Taluk, Dindigul District.

2. The Inspector of Police, Eriyodu Police Station, Eriyodu, Dindigul District.

3. The Surveyor, Eriyodu Firka, Vedasandur Taluk, Dindigul District.

... Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, direct the Respondents No.1 and 3 to Survey and demarcate the boundaries of the petitioner's landed properties for an extent of 0.10.53 Ares in S.No.756/2A2 and extent of 0.31.18 Ares in 758/5 (totaling 0.41.75 Ares) at Eriyodu Village Vedasandur 1/5

Taluk, Dindigul District, after giving notice to the all person interested in the surrounding of the lands and furnish a copy of the report by considering his representation dated 01.11.2021.

For Petitioner :Mr.J.Lawrance For Respondents :Mr.N.Muthu Vijayan Special Government Pleader

ORDER

The writ petition has been filed in the nature of mandamus, seeking a direction against the first and third respondents/Tahsildar, Vedasandur Taluk and the Surveyor, Eriyodu Firka, Vedasandur Taluk, Dindigul District to survey and demarcate the boundaries of the properties in S.No.756/2A2, measuring an extent of 0.10.53 ares, in S.No.758/5, measuring an extent of 0.31.18 Ares, totally measuring as 0.41.75 Ares at Eriyodu Village Vedasandur Taluk, Dindigul District. The petitioner had given a representation on 01.11.2021 and paid necessary charges. 2.In the affidavit filed in support of the writ petition, it had been stated that the petitioner was employed in Tamil Nadu Electricity Board. After retirement, he had purchased land in S.No.756/2A2 by a sale deed, dated 20.02.2019. He had also possessed lands in S.No.758/5, patta No.4241. 2/5

The petitioner claims that he had given a representation and paid necessary charges for conducting survey.

3.A direction is given to the first and third respondents/Tahsildar, Vedasandur Taluk and the Surveyor, Eriyodu Firka, Vedasandur Taluk, Dindigul District to examine the representation given by the petitioner, proceed to conduct survey the land. If there are any objection, then the first respondent may given reasons in writing for not conducting the survey, or else, conduct survey as per the representation given by the petitioner. The said exercise should be completed within a period of twelve weeks, from the date of receipt of a copy of this order.

4.With the above directions, this Writ Petition is stands disposed. No costs.

10.04.2023 NCS :Yes/No Index :Yes/No Internet:Yes/No PNM 3/5

To

1. The Tahsildar, Vedasandur Taluk, Dindigul District.

2. The Inspector of Police, Eriyodu Police Station, Eriyodu, Dindigul District.

3. The Surveyor, Eriyodu Firka, Vedasandur Taluk, Dindigul District.

4/5

C.V.KARTHIKEYAN,J.

PNM ORDER IN W.P(MD).No.1079 of 2022 10.04.2023 5/5