Madras High CourtWP(MD)/2766/2018disposed of

K.Krishnasamy v. The Tahsildar

2018-02-12Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.2766 of 2018 K.Krishnasamy ...

Petitioner Vs.

1. The Tahsildar, Tahsildar Office Campus, Sivakasi, Sivakasi Taluk, Virudhunagar District.

2. The Head Surveyor, Tahsildar Office Campus, Sivakasi Sivakasi Taluk, Virudhunagar District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the 2nd Respondent to survey and mark the boundaries of the petitioners land with an extent of 29 cents situated in Survey Number : 960/1A13A and the land with an extent of 23 cents situated in Survey Number 964/2A1C Enjar Village Saminatham Panchayath Sivakasi Taluk Virudhunagar District based on the application 05.01.2018 and the subsequent representation dated 09.01.2018. For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.Aayiram K.Selvakumar, Additional Government Pleader.

ORDER

This writ petition has been filed seeking direction to the second respondent to survey and mark boundaries of the petitioner's land measuring to an extent of 29 cents situated in Survey No. 960/1A13A and the lands to an extent of 23 cents situated in Survey No.964/2A1C, Enjar Village, Saminatham Panchayath, Sivakasi Taluk, Virudhunagar District by considering the representations of the petitioner, dated 05.01.2018 and 09.01.2018.

2.According to the petitioner, he is the owner of the above mentioned property. Earlier, the petitioner has submitted an application before the respondents seeking to survey the land and fix boundaries relating to his property and he has also paid necessary fees. Since no action has been taken, the petitioner filed W.P(MD)No.20602 of 2017. This Court by an order dated 09.11.2017 disposed of the said writ petition directing the https://hcservices.ecourts.gov.in/hcservices/

respondents to consider the representation of the petitioner dated 01.11.2017 and pass suitable orders on merits and in accordance with law. Thereafter, when the petitioner approached the respondents for the said relief, they have refused to measure his land on the ground that the extent of the property has not been mentioned in the representation.

3.In the above circumstances, the first respondent is directed to measure the property in question as per the revenue records, within a period of six 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.

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

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To

1. The Tahsildar, Tahsildar Office Campus, Sivakasi, Sivakasi Taluk, Virudhunagar District.

2. The Head Surveyor, Tahsildar Office Campus, Sivakasi Sivakasi Taluk, Virudhunagar District.

+1cc to Spl.Government Pleader Sr.No.48631 +1cc to Mr.R.Karunanidhi, Advocate Sr.No.47688 SMS VB/KKR/SAR1/27.02.2018/2P/5C Writ Petition (MD) No.2766 of 2018 12.02.2018 https://hcservices.ecourts.gov.in/hcservices/