Thangaponnu v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Thangaponnu ... Petitioner Vs.

1.The Tahsildar, Musiri Taluk Office, Musiri, Trichy District.

2.The Taluk Surveyor, Musiri Taluk Office, Musiri, Trichy District.

... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to survey the petitioner's property and fix the four boundaries in natham Survey No.246/21 for an extent of 0.01.72.0 ares situated at M.Pudupatti West revenue Village, Musiri Taluk, Trichy District, on the basis of her representation, dated 22.12.2020, within a time frame that may be fixed by this Court.

For Petitioner : Mr.K.Arunraj For Respondents : Mr.M.Lingadurai Government Advocate

ORDER

This writ petition has been filed for the issue of writ of mandamus directing the respondents to consider the representation made by the petitioner on 22.12.2020, wherein, the petitioner has sought for the survey of the subject property and for fixing the boundaries.

2.The case of the petitioner is that the subject property was originally owned by her husband. A natham patta was also issued in the name of the petitioner, on 25.06.2018. The further case of the petitioner is that the house tax is paid in the name of the petitioner and she is in possession and enjoyment of the property. 3.The petitioner wanted to conduct a survey in the subject property and for fixing the boundaries. A representation was made in this regard, on 22.12.2020. Since the same was not considered, the present writ petition has been filed before this Court, seeking for appropriate directions.

4.The learned counsel for the petitioner submitted that necessary payment was also made to conduct the survey and a challan 1/3

was also given and in spite of the same, the survey was not undertaken.

5.Heard Mr.K.Arunraj, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing for the respondents.

6.Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the second respondent to consider the representation made by the petitioner, on 22.12.2020 and take a decision with regard to conducting the survey in the subject property, within a period of four weeks from the date of receipt of a copy of this order. If there are any other interested parties, notice shall also be issued to them before undertaking the survey. 7.The petitioner is directed to make a fresh representation to the second respondent along with all relevant documents and also a copy of this order.

8.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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, Musiri Taluk Office, Musiri, Trichy District.

2.The Taluk Surveyor, Musiri Taluk Office, Musiri, Trichy District.

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+1 CC to M/s.SPL GP ( SR-20698[F] dated 30/06/2021 ) 28.06.2021 KB(06.07.2021) 3P 4C 3/3