Sabia Begum.M.I v. The Land Surveyer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.I.Sabia Begum .. Petitioner Vs.

1.The Land Surveyor, Land Survey Department, O/o, Thashildar Office, 2.The Thasildhar, .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to measure, demark the petitioner's property in Survey No.273/4, Nadupatti Village, Manapparai Taluk, Manapparai Sub Registrar Office, Trichy District in the light of the necessary payment paid by the petitioner's in chellan receipts No.D30 dated 06.01.2021 before the Sub-Treasury Office, Manapparai for survey and demark the petitioner's property.

For Petitioner : Mr.K.Kevinkaran For Respondents : Mr.B.Bhagavathi, Government Advocate.

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ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the respondents to consider the application made by the petitioner on 06.01.2021, wherein the petitioner has sought for the survey of the subject property and for fixing the boundaries.

2. The case of the petitioner is that the subject property was purchased, through a registered sale deed dated 12.05.2006. The further case of the petitioner is that patta was also granted in favour of the petitioner. The petitioner made an application before 1/3

the respondents on 06.01.2021, seeking for survey of the subject property and necessary charges were also paid. Since the same was not considered, the present Writ Petition has been filed before this Court seeking for appropriate directions.

3. Heard Mr.K.Kevinkaran, learned counsel appearing for the petitioner and Mr.B.Bhagavathi, learned Government Advocate appearing for the respondents.

4. Taking into consideration the facts and circumstances of the case and without going into the merits of the case, there shall be a direction to the second respondent to act upon the application given by the petitioner on 06.01.2021 and take a decision with regard to survey of the property, strictly, in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of this order. If there are any other interested party, who must be heard before the survey is conducted, notice shall also be sent to them before undertaking the survey.

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

6. This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) vsm 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.

To 1.The Land Surveyor, Land Survey Department, O/o, Thashildar Office, 2/3

2.The Thasildhar, 20.04.2021 RRS (10.05.2021) 3P 3C 3/3