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Madras High CourtWP(MD)/3294/2024disposed of

Suresh Kumar .M v. The Assistant Director Of Survey And Land Records

2024-02-14Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition(MD)No.3294 of 2024 M.Sureshkumar ... Petitioner -Vs1.The Assistant Director of Survey and Land Records, Department of Survey and Land Records, Dindigul.

2.The Town Surveyor, Department of Survey and Land Records, Dindigul.

... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus to direct the 1st and 2nd respondents to survey, earmark and demarcate the petitioner's property, which is situated in Survey No.187 to an extent of 2 acre 22 cents situated at Vadakadu Village, Oddanchatram Taluk, Dindigul District on the basis of the remittance of payment made vide a Challan No.20230829012741 dated 29.08.2023 as expeditiously as possible within the time stipulation as prescribed by this Court.

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For Petitioner : Mr.R.Anand For Respondents : Mr.P.Thambidurai Govt. Advocate

ORDER

This writ petition is filed seeking for issuance of a Writ of Mandamus to direct the 1st and 2nd respondents to survey, earmark and demarcate the petitioner's property, which is situated in Survey No.187 to an extent of 2 acre 22 cents situated at Vadakadu Village, Oddanchatram Taluk, Dindigul District on the basis of the remittance of payment made vide a Challan No. 20230829012741 dated 29.08.2023 as expeditiously as possible within the stipulated time.

2. Heard Mr.R.Anand, learned counsel appearing for the petitioner and Mr.P.Thambidurai, learned Government Advocate appearing for the respondents.

3. By consent, this writ petition is disposed of at the admission itself. 2/5

4. According to the petitioner, he purchased subject matter property and also obtained patta. Therefore, he has filed an application through Online for survey and for fixing the four boundaries. Thereafter, no action has been taken. Hence, he has approached this Court by way of filing the present Writ Petition for the relief stated supra. 5.The learned Government Advocate appearing for the respondents would submit that appropriate direction may be given to the respondents to consider the petitioner's application dated 29.08.2023, in accordance with law, within a time frame.

6.Considering the limited scope of the prayer sought for by the petitioner, without going into the merits of the matter, this Court directs the respondents to consider the petitioner's claim based on the e-chellan dated 29.08.2023 and after issuing notice and affording an opportunity to the parties concerned, conduct survey in their presence and fixing the four boundaries of the petitioner's property and pass orders in accordance with law and communicate the decision taken by the respondents to the petitioner 3/5

and others concerned. Such exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order. 7.This Writ Petition stands disposed of with the above directions. No costs.

14.02.2024 NCC : Yes/No Index : Yes/No Internet : Yes skn To 1.The Assistant Director of Survey and Land Records, Department of Survey and Land Records, Dindigul.

2.The Town Surveyor, Department of Survey and Land Records, Dindigul.

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V.BHAVANI SUBBAROYAN, J.

skn Writ Petition(MD)No.3294 of 2024 14.02.2024 5/5