Madras High CourtWP(MD)/2973/2024disposed of

Marichamy .C v. The Tashildar

2024-02-12Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 12.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.2973 of 2024 C.Marichamy

...Petitioner

/Vs./ 1.The Tahsildar, Taluk Office, Kovilpatti, Thoothukudi District.

2.The Head Surveyor, Land and Survey Department, Taluk Office, Kovilpatti, Thoothukudi 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 conduct survey and fix boundaries stone in the petitioner's land in Survey No. 110/1 to the extent of 0-44.0 Hectare and Survey No.110/3 to the extent of 0-24.50 Hectare situated at Narasimmapuram, Nakkalamuthanpatti Village, Kovilpatti Taluk, Thoothukudi District by considering the petitioner's written representation dated 02.01.2024 within a stipulated period as framed by this Court.

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For Petitioner : Mr.C.Saravanakumar For Respondents : Ms.K.Christy Thebaral Additional Government Pleader

ORDER

This writ petition has been filed for issuance of writ of mandamus directing the respondents to conduct survey and fix boundaries stone in the petitioner's land in Survey No.110/1 to the extent of 0-44.0 Hectare and Survey No.110/3 to the extent of 0-24.50 Hectare situated at Narasimmapuram, Nakkalamuthanpatti Village, Kovilpatti Taluk, Thoothukudi District by considering the petitioner's written representation dated 02.01.2024 within a stipulated period as framed by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader, who takes notice for the respondents. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. According to the petitioner, the petitioner is in possession and enjoyment of the subject property through a registered partition deed and hence, the petitioner made an application for survey and fixing the boundary stones in 2/4

the subject property. The petitioner has also paid necessary fee for the same. The petitioner also sent a representation to the respondents in this regard. Since no action has been taken by the respondents, this writ petition has been filed.

4. The learned Additional Government Pleader appearing for the respondents submits that the petitioner's land can be measured within the time stipulated by this Court.

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 02.01.2024, 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.

6. With the above directions, this writ petition is disposed of. No costs. 12.02.2024 NCC : Yes/No Index : Yes/No sm 3/4

V.BHAVANI SUBBAROYAN, J.

sm TO:- 1.The Tahsildar, Taluk Office, Kovilpatti, Thoothukudi District.

2.The Head Surveyor, Land and Survey Department, Taluk Office, Kovilpatti, Thoothukudi District.

Order made in W.P(MD)No.2973 of 2024 Dated:

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