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Madras High CourtWP(MD)/3031/2024disposed of

Gurumoorthy v. The Tahsildar

2024-02-13Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 13.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.3031 of 2024 Gurumoorthy

...Petitioner

/Vs./ 1.The Tahsildar, Office of the Tahsildar, Aruppukottai Taluk, Virudhunagar District.

2.The Head Surveyor, Office of the Tahsildar, Aruppukottai Taluk, Virudhunagar District.

...Respondents

Prayer: Writ Petition - filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent to measure the land in Survey No.24/7A10 to an extent of 2.15 cents (936 Sq.ft) situated at Kattakanjampatti Village, Aruppukottai Taluk, Virudhunagar District based on the petitioner's applications dated 26.12.2023 and 29.12.2023 and submit the report to the 1st respondent within a stipulated time fixed by this Court.

For Petitioner : Mr.J.Mohamed Ibrahim For Respondents : Mr.D.Gandhiraj Special Government Pleader 1/4

ORDER

This writ petition has been filed for issuance of writ of mandamus directing the 2nd respondent to measure the land in Survey No.24/7A10 to an extent of 2.15 cents (936 Sq.ft) situated at Kattakanjampatti Village, Aruppukottai Taluk, Virudhunagar District based on the petitioner's applications dated 26.12.2023 and 29.12.2023 and submit the report to the 1st respondent within a stipulated time fixed by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing 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 by way of settlement deed. Patta was also issued in favour of the petitioner. The petitioner made applications for survey. The petitioner has also paid necessary fee for the same. Since no action has been taken by the respondents for survey of the subject property, this writ petition has been filed.

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4. The learned Special Government Pleader appearing for the respondents submits that the petitioner's land can be measured within a time frame fixed 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 applications made by the petitioner dated 26.12.2023 and 29.12.2023, in the presence of the petitioner and any other necessary party, whom the respondents deem fit to put on notice within a period of twelve [12] 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. 13.02.2024 NCC : Yes/No Index : Yes/No Internet:Yes/No sm 3/4

V.BHAVANI SUBBAROYAN, J.

sm TO:- 1.The Tahsildar, Office of the Tahsildar, Aruppukottai Taluk, Virudhunagar District.

2.The Head Surveyor, Office of the Tahsildar, Aruppukottai Taluk, Virudhunagar District.

Order made in W.P(MD)No.3031 of 2024 Dated:

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