Madras High CourtWP(MD)/2048/2021disposed of

Murugan.S v. The Tahsildar

2021-06-28Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD).No.2048 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.2048 of 2021 S.Murugan ... Petitioner Vs.

1.The Tahsildar, Thirumayam Taluk, Pudukottai District.

2.The Taluk Deputy Surveyor, Thirumayam Taluk, Pudukottai District.

3.Adaikkan 4.Chitra 5.Pandi Ganesan 6.Muthaiah ... Respondents (R3 to R6 were impleaded vide Court Order, dated 29.03.2021 in W.M.P.(MD).5087 of 2021 in WP(MD).No.2048 of 2021) Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation, dated 07.01.2021 and consequently, direct him to measure, survey and fix the boundary line of the land in Survey No.301/1B and 298 at Ponnapatty Village, Mirattunilai, Thirumayam Taluk, Pudukottai District. For Petitioner : Mr.Ezhilarasu For Respondents : Mr.M.Lingadurai for R1 & R2 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 07.01.2021, wherein, the petitioner has sought for the survey of the subject property and to fix the boundaries.

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W.P.(MD).No.2048 of 2021 2.The learned Government Advocate appearing on behalf of the respondents 1 and 2, on instructions submitted that the representation made by the petitioner has been considered and the survey was not undertaken, since the petitioner did not furnish the Legal Heirship certificate.

3.Taking into consideration the facts and circumstances of this case and the limited relief sought for in this writ petition, there shall be a direction to the petitioner to furnish all the relevant documents to the respondents 1 & 2 to enable them to undertake the survey. The said process shall be completed within a period of six weeks from the date of receipt of a copy of this order. If there are any other interested parties, notice shall also be served on them before undertaking the survey.

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

Sd/- Assistant Registrar(Writs) // 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, Thirumayam Taluk, Pudukottai District.

2.The Taluk Deputy Surveyor, Thirumayam Taluk, Pudukottai District.

+1 CC to M/s.EZHILARASU, Advocate ( SR-20614[F] dated 30/06/2021 ) +1 CC to M/s.SPL GP ( SR-20699[F] dated 30/06/2021 ) Order made in W.P.(MD).No.2048 of 2021 28.06.2021 SSS(CO) TR(05.07.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2