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Madras High CourtWP(MD)/2661/2021disposed of

Ramasamy v. The Tahsildar

2021-04-22Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 22.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH (Through Video Conferencing) Ramasamy ... Petitioner Vs.

1.The Tahsildar, Taluk Office, Thiruvadanai Taluk Ramanathapuram District.

2.The Taluk Surveyor, Taluk Office, Thiruvadanai Taluk Ramanathapuram District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents to consider and survey Nos.19/41, 56 based on the petitioner's representation dated 29.12.2020 within the stipulated period by this Court.

For Petitioner :Mr.H.Velavadhas For Respondents :Mr.M.Rajarajan Additional Government Pleader

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to consider the representation made by the petitioner on 29.12.2020, wherein,the petitioner has sought for survey of the subject property.

2. The case of the petitioner is that he is the owner of the property by virtue of a registered sale deed dated 20.10.1993. The further case of the petitioner is that the patta was also granted in his favour with respect to the subject property. The petitioner wanted to conduct a survey in the subject property and to fix the boundaries. A representation was made to the respondents in this regard on 29.12.2020. Since the same did not evoke any response, the present writ petition has been filed before this Court seeking for appropriate directions.

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3. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing on behalf of the respondents.

4. 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 respondents to consider the representation made by the petitioner on 29.12.2020 on its own merits and in accordance with law and take a decision with regard to the survey of the property within 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 conducting the survey.

5. The petitioner is directed to make a fresh representation to the respondents enclosing all the relevant documents along with a copy of this order.

6. The writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) RR 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.

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1.The Tahsildar, Taluk Office, Thiruvadanai Taluk Ramanathapuram District.

2.The Taluk Surveyor, Taluk Office, Thiruvadanai Taluk Ramanathapuram District.

+1 CC to M/s.SPL GP ( SR-17374[F] dated 23/04/2021 ) 22.04.2021 mmp(05.05.2021) 3P 4C 3/3