Madras High CourtWP(MD)/2499/2021disposed of

Ranjithkumar v. The Tahsildar

2021-11-23Honourable Mr Justice C.V. Karthikeyan2 pages

W.P.(MD).No.2499 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD).No.2499 of 2021 Ranjithkumar ... Petitioner Vs.

1.The Tahsildar, Kulithalai Taluk Office, Kulithalai, Karur District.

2.The Head Surveyor, Kulithalai Taluk Office, Kulithalai, Karur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to survey the petitioner's property and fix the four boundaries in Survey Nos.118/3C, 125/2C, 3B, 4A, 137/1 for an extent of Hectares 2.24.00 ares situated at Porunthalur Revenue Village, Kulithalai Taluk, Karur District on the basis of his representation, dated 22.12.2020, within a time frame that may be fixed by this Court.

For Petitioner : Mr.K.Arunraj For Respondents : Mr.S.Shanmugavel, Additional Government Pleader.

ORDER

The Writ Petition has been filed in the nature of Mandamus seeking direction against the respondents particularly the Tahsildar, Kulithalai Taluk Office with the assistance of the Head Surveyor, to survey the property of the petitioner and fix the four boundaries.

2. The property, according to the petitioner is situated in Survey Nos.118/3C, 125/2C , 3B, 4A, 137/1 measuring 2.24.00 hectares in Porunthalur Revenue Village, Kulithalai Taluk in Karur District. The petitioner had given a representation on 22.12.2020. He had also made necessary payment on 11.06.2020 itself. The petitioner claims that he relies on a legal heirship certificate and a patta and also on relinquishment deed registered as Document No.445/2015 dated 30.01.2015.

3. Mr.S.Shanmugavel, learned Additional Government Pleader who took notice on behalf of the respondents forwarded written instructions given by the first respondent wherein he had stated that one Sakthivel who is said to be the adjacent land owner had https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.2499 of 2021 given a representation questioning the survey of the lands of the petitioner and that representation had been given to the Revenue Divisional Officer.

4. Therefore, it is also necessary that the first respondent should also examine the said Sakthivel while issuing notice to the petitioner, examine the documents of the petitioner, examine the objections raised by the said Sakthivel and thereafter come to a subjective satisfaction with respect to the representation given by the petitioner seeking survey of the lands and to fix the four boundaries. The Tahsildar may take a decision on this particular aspect after enquiring all the concerned persons within a period of sixteen (16) weeks from the date of receipt of a copy of this order.

5. With the said observations, this Writ Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) Lm/Nsr 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, Kulithalai Taluk Office, Kulithalai, Karur District.

2.The Head Surveyor, Kulithalai Taluk Office, Kulithalai, Karur District.

W.P.(MD).No.2499 of 2021 23.11.2021 TSK(CO) GC(02.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2