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Madras High CourtWP(MD)/4440/2021disposed of

Ahammed Basheer.N v. The Thasildar

2021-04-15Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD) No.4440 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD) No.4440 of 2021 (Through Video Conference) N.Ahammed Basheer

...Petitioner

Vs.

1) The Tahsildar, Taluk Office, Thiruvadanai Taluk, Ramanathapuram District.

2) The Taluk Surveyor, Taluk Office, Thiruvadanai Taluk, Ramanathapuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider and survey Nos.320/20, 21 and 31 based on the petitioner's representation dated 18-08-2020 within the stipulated period by this Court.

For Petitioner : Mr.H.Velavadhas For Respondents : Mr.M.Rajarajan, Additional Government Pleader ******

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the respondents to consider the representation made by the petitioner on 18.08.2020 wherein the petitioner has sought for the survey of the subject property.

2. The case of the petitioner is that he is the owner of the subject property by virtue of registered sale deeds registered as Document Nos.915 & 916 of 2007. The further case of the petitioner is that the Patta stands in the name of his vendor and hence, the petitioner made a representation to the respondents to survey the property and to fix the boundaries in order to enable the petitioner to seek for a Patta in his name. Since the same was not considered, the present petition is filed before this Court.

3. Heard Mr.H.Velavadhas, learned counsel for the petitioner and Mr.M.Rajarajan, learned Additional Government Pleader appearing for the respondents.

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W.P.(MD) No.4440 of 2021

4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the first respondent to take a decision on the representation submitted by the petitioner on 18.08.2020, strictly in accordance with law within a period of six(06) weeks from the date of receipt of a copy of this order. It is made clear that if there are any other interested parties, notice shall also be served on them before taking a decision.

5. The petitioner is directed to make a fresh representation to the first respondent along with all the relevant documents and also a copy of this order.

6. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

sts To:

1) The Tahsildar, Taluk Office, Thiruvadanai Taluk, Ramanathapuram District.

2) The Taluk Surveyor, Taluk Office, Thiruvadanai Taluk, Ramanathapuram District.

+1 CC to M/s.SPL GP ( SR-16036[F] dated 16/04/2021 ) Order made in W.P.(MD) No.4440 of 2021 Dated:

15.04.2021 GS (28.04.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2