Madras High CourtWP(MD)/5116/2021disposed of

Chellapandi.S v. The Tahsildar

2021-04-21Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH (Through Video Conference) S.Chellapandi ... Petitioner Vs.

1.The Tahsildar, Office of the Tahsildar, Karaikudi Taluk, 2.The Firka Surveyor, Karaikudi Firka, 3.The Village Administrative Officer, Office of the Village Administrative Officer, ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to survey the petitioner's land comprised in survey No.212/3A2 situating at Karaikudi Revenue Village, Sivagangai District and fixed four boundaries on the basis of the petitioner's application dated 07.08.2020, within the time stipulated by this Court. For Petitioner : Mr.S.Malaikani For Respondents : Mr.B.Bhagawathi Government Advocate

O R D E R

This writ petition has been filed for the issue of Writ of Mandamus directing the respondents to act upon the application submitted by the petitioner on 07.08.2020 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 he is the absolute owner of the subject property and a Patta has also been issued in his favour bearing Patta No. 1445. The petitioner wanted to conduct a survey in the subject property to fix the boundaries and an 1/3

application was submitted in this regard on 07.08.2020 along with the necessary charges. The grievance of the petitioner is that the respondents have not acted upon the application and left with no other option, the present writ petition has been filed before this Court.

3. Heard Mr.S.Malaikani, learned counsel for the petitioner and Mr.B.Bhagawathi, learned Government Advocate for the respondents.

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 and second respondents to act upon the application made by the petitioner on 07.08.2020 and take a decision with regard to the survey of the subject property within a period of four weeks from the date of receipt of a copy of this order.

5. If there are any other interested parties claiming right over the subject property, they shall also be issued notice and opportunity shall be given to raise their objections, if any. The petitioner is directed to make a fresh representation to the first and second respondents along with all the relevant documents and also a copy of this order.

6. The writ petition is disposed of with the above directions. However, there shall be no order as to costs. Sd/- Assistant Registrar (CS I) // 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.

To:

1.The Tahsildar, Office of the Tahsildar, Karaikudi Taluk, 2.The Firka Surveyor, Karaikudi Firka, 2/3

3.The Village Administrative Officer, Office of the Village Administrative Officer, +1 CC to M/s.S.MALAIKANI, Advocate ( SR-17028[F] dated 22/04/2021 ) +1 CC to M/s.SPL GP ( SR-17159[F] dated 22/04/2021 ) Order made in Dated:

21.04.2021 AS(10.06.2021)3P 6C 3/3