Madras High CourtWP(MD)/2416/2018disposed of

B.Rajendran,S/O.Balasubramania v. The Tahsildar,

2018-02-07Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.2416 of 2018 B.Rajendran ...

Petitioner Vs.

1.The Tahsildar, (Land Measurement), Madurai West Taluk, Madurai District.

2.The Taluk Surveyor, Madurai West Taluk, Madurai District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents herein to survey and measure the petitioners property comprised in Survey No.6/1 B3 Ponmeni village Madurai West Taluk Madurai District measuring an extent of 31 cents as per the application of the petitioner dated 12/12/2017. For Petitioner : Mr.K.C.Ramalingam For Respondents : Mr.M.Rajarajan, Government Advocate.

ORDER

This writ petition has been filed seeking direction to the respondents to survey and measure the petitioner's property measuring to an extent of 31 cents comprised in Survey No.6/1, B3 Ponmeni Village, Madurai West Taluk, Madurai District by considering the application of the petitioner, dated 12.12.2017. 2.Heard Mr.K.C.Ramalingam, learned counsel appearing for the petitioner and Mr.M.Rajarajan, learned Government Advocate appearing for the respondents.

3.According to the petitioner, pursuant to the decree passed in O.S.No.636 of 2016 on the file of the III Additional Sub Judge, Madurai, a sale deed executed in favour of the petitioner and thereafter, he is in possession and enjoyment of the above said property. Subsequently, he submitted an application dated 12.12.2017 before the first respondent seeking to survey and measure the property in dispute. Since no action has been taken so far, the present writ petition has been filed.

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4.Considering the facts and circumstances of the case and considering the fact that the petitioner only seeks to measure his land by fixing boundaries, the first respondent is directed to measure the property in question as per the revenue records, within a period of twelve weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner as well as to the interested parties, if any.

5.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To 1.The Tahsildar, (Land Measurement), Madurai West Taluk, Madurai District.

2.The Taluk Surveyor, Madurai West Taluk, Madurai District.

+1cc to M/S.K.C.Ramalingam, Advocate SR.No. 47064 +1cc to Special Government Pleader, SR.No. 47276 Writ Petition (MD) No.2416 of 2018 07.02.2018 SMS JM/SKN RSK/SAR 1/20.02.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/