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Madras High CourtWP(MD)/2602/2024disposed of

Saraswathy.K v. The Director

2024-02-08Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 08.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.2602 of 2024 K.Saraswathy

...Petitioner

/Vs./ 1.The Director, The Land Survey and Records Department, Collectorate Office, Virudhunagar District 626 002.

2.The Tahsildar, Sivakasi Taluk, Virudhunagar District.

3.The Land Surveyor, The Land Survey and Records Department, Collectorate Office, Virudhunagar District 626 002.

...Respondents

Prayer: Writ Petition - filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3rd respondent to conduct resurvey and to earmark the four boundaries of the petitioner's patta land in Sy.No.177/3 in Vellur Village, Sivakasi Taluk, Virudhunagar District on the basis of the petitioner's representation dated 03.01.2024. 1/4

For Petitioner : Mr.P.M.Vishnuvarthanan For Respondents : Mr.P.Thambidurai Government Advocate

ORDER

This writ petition has been filed for issuance of writ of mandamus directing the 3rd respondent to conduct resurvey and to earmark the four boundaries of the petitioner's patta land in Sy.No.177/3 in Vellur Village, Sivakasi Taluk, Virudhunagar District on the basis of the petitioner's representation dated 03.01.2024.

2. The case of the petitioner is that after purchase of the subject property, the petitioner applied for surveying the same and she has also paid necessary fee. Survey was conducted. However, one side of the four boundaries was not measured during the survey. Therefore, the petitioner filed an application to resurvey the subject property and she has also paid the fee for resurvey of the subject property. Since the same was not considered, this writ petition has been filed.

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3. The learned Government Advocate appearing for the respondents submits that survey has already been conducted twice and resurvey will be conducted within a time frame as fixed by this Court.

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

5. Considering the above facts and circumstances of the case, this Court directs the respondents to conduct survey of the subject property by considering the representation made by the petitioner dated 03.01.2024, in the presence of the petitioner and any other necessary party, whom the respondents deem fit to put on notice within a period of eight [8] weeks from the date of receipt of a copy of this order. During survey of the subject property, the respondents are also directed to take a videograph through the cellphone and keep it as a document in the records maintained in their office.

6. With the above directions, this writ petition is disposed of. No costs. 08.02.2024 NCC : Yes/No Index : Yes/No 3/4

V.BHAVANI SUBBAROYAN, J.

sm TO:- 1.The Director, The Land Survey and Records Department, Collectorate Office, Virudhunagar District 626 002.

2.The Tahsildar, Sivakasi Taluk, Virudhunagar District.

3.The Land Surveyor, The Land Survey and Records Department, Collectorate Office, Virudhunagar District 626 002.

Order made in W.P(MD)No.2602 of 2024 Dated:

08.02.2024 4/4