Saravanan. M v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16.02.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.3621 of 2024 M.Saravanan ... Petitioner Vs.

1.The Tahsildar, Kodaikanal Taluk, Dindigul District.

2.The Head Surveyor, Taluk Office, Kodaikanal, Dindigul District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents herein to survey and mark the boundaries of petitioner's land situated in Survey No.1264/1 in Patta No.1464 in the Kookal village, Kodaikanal Taluk, Dindigul District by considering the application dated 08.10.2020 and 14.09.2021 and the detailed representation dated 03.02.2024. For Petitioner : Ms.A.Amala For Respondents : Mr.A.Kannan Additional Government Pleader 1/6

ORDER

By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 2.This Writ Petition has been filed for issuance of a Writ of Mandamus, seeking to direct the respondents herein to survey and mark the boundaries of petitioner's land situated in Survey No. 1264/1 in Patta No.1464 in the Kookal village, Kodaikanal Taluk, Dindigul District by considering the application dated 08.10.2020 and 14.09.2021 and the detailed representation dated 03.02.2024. 3.The brief facts which are necessary for the disposal of this Writ Petition is as follows:- As per the directions of the Hon'ble Apex Court, the Revenue Department assigned land to the petitioner in the year 1987 to an extent of 81 ares in Survey No.1264/1, at Kookal Village, Kodaikanal Taluk, Dindigul District, as per the pact of Prime Ministers and as per Kookkal Agriculture Development Scheme. A patta was also issued in the name of the petitioner in Patta No. 1464. The petitioner is doing agriculture in the said property without any hindrance or interference. In the year 2014, certain 2/6

encroachments were made in the said land and hence, the petitioner approached the second respondent requesting to measure the property in accordance with the available sketch for the purpose of fixing the boundaries with respect to an extent of 81 ares in the patta No,1464 situated at Survey No.1264/1 Kookal Village, Kodaikanal Taluk, Dindigul District. Following which, the petitioner made a representation to the first respondent Tahsildar on 08.10.2020 in this regard. The second respondent directed the petitioner to submit an application along with required fee of Rs. 400/- for the said purpose. The petitioner duly remitted the required fee and submitted the application along with the challan of State Bank of India on 08.10.2020 enclosing all the documents.

However, the respondents further directed the petitioner to make an online application during September 2021. Following which, the petitioner duly made an online application on 14.09.2021 itself and even after that the same was not considered. Hence, on 03.02.2024, a detailed representation was made by the petitioner to the respondents by registered post. However, neither the applications nor representations was heeded to by the respondents. Hence, this Writ Petition came to be filed.

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4.Heard the learned counsel appearing for the petitioner, the learned Additional Government Pleader appearing for the respondents and carefully perused the entire materials available on record.

5.Considering the limited scope of relief sought for by the petitioner, this Court hereby direct the petitioner to file a fresh online application along with necessary fee within a period of four weeks from the date of receipt of copy of this order and the respondents on receipt of the same, is directed to take appropriate action and survey the land comprised in Survey No.1264/1 in patta no.1464 in Kookal village, Kodaikanal Taluk, Dindigul District within a period of two weeks thereafter.

6.In view of the above, this Writ Petition stands disposed of. There shall be no order as to costs.

16.02.2024 NCC : Yes / No Index :

Yes / No Internet :

Yes Mrn 4/6

To 1.The Tahsildar, Kodaikanal Taluk, Dindigul District.

2.The Head Surveyor, Taluk Office, Kodaikanal, Dindigul District.

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L.VICTORIA GOWRI, J.

Mrn W.P.(MD)No.3621 of 2024 16.02.2024 6/6