Madras High CourtWP(MD)/872/2018disposed of

N.Pandian, v. The Tahsildar,

2018-01-17Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.01.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.872 of 2018 N.Pandian ...

Petitioner Vs.

1. The Tahsildar, Taluk Office, Andipatti, Theni District.

2. The District Surveyor, District Surveyor Office, Collector Office Campus, Theni District.

3. The Taluk Surveyor, Andipatti, Andipatti Taluk, Theni District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to Survey the petitioners land situated in Survey Nos.64/2A 64/2C measuring 50 cents in Patta No.442 situated in Pulimankombai Revenue Village Andipatti Taluk Theni District and to fix the four boundaries for the same.

For Petitioner : Mr.V.Santhakumaresan For Respondents : Mrs.J.Padmavathi Devi, Special Government Pleader.

ORDER

This writ petition has been filed seeking direction to the respondents to survey the petitioner's land situated in Survey Nos.64/2A and 64/2C measuring 50 cents in Patta No.442 situated in Pulimankombai Revenue Village, Andipatti Taluk, Theni District and fix the four boundaries for the same. 2.Heard Mr.V.Santhakumaresan, learned counsel appearing for the petitioner and Mrs.J.Padmavathi Devi, learned Special Government Pleader appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 3.The petitioner said to have purchased a property in Survey No.64/2 to an extent of 50 cents from S.Ganesan and

S.Azhagumalai by way of registered sale deed dated 27.01.2017. Thereafter, he filed an application seeking to survey the property and fix four boundaries of the property. Since no action has been taken, the present writ petition has been filed. 4.Today, when the matter is taken up for hearing, learned Special Government Pleader submitted that there are other coowners in the property and they have also raised objection and only after issuing notice to them, necessary action can be taken. 5.Considering the facts and circumstances of the case and considering the fact that the petitioner only seeks to measure his land by fixing boundaries, the first respondent is directed to measure the property in question as per the revenue records, within a period of eight weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner as well as to other co-owners of the property and to the interested parties, if any and after considering their objections. 6.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The Tahsildar, Taluk Office, Andipatti, Theni District.

2. The District Surveyor, District Surveyor Office, Collector Office Campus, Theni District.

3. The Taluk Surveyor, Andipatti, Andipatti Taluk, Theni District.

+1cc to Mr.V.Santhakumaresan, Advocate Sr.No.42375 +1cc to Spl.Government Pleader Sr.No.42660 SMS VB/SKN/RSK/SAR2/23/01/2018/2P/6C Writ Petition (MD) No.872 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 17.01.2018