Dhanusha.K v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 23.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH (Through Video Conferencing) K.Dhanusha ... Petitioner Vs.

1.The Tahsildar, Pattukottai Taluk Thanjavur District 2.The Deputy Superintendent of Police, Pattukottai Taluk Thanjavur District.

3.The District Surveyor, Office of the District surveyor Thanjavur District Thanjavur.

4.The Taluk Surveyor Kurichi Village, Pattukottai Taluk Thanjavur District ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents 1, 3 and 4 to measure and fix the boundaries of petitioner's land in Old S.No.12/1 and New S.No.12/2 measuring an extent of 1 acre 5 cents on the southern side of total extent of 1 acre 23 cents in Kalugapulikkadu Village, Pattukottai Taluk, Thanjavur District with the help of 2nd respondent as per the representations given by the petitioner to the respondents dated 28.12.2020, 29.01.2021 and 31.01.2021 within the time to be stipulated by this Court.

For Petitioner :Mr.V.K.Vijayaraghavan For Respondents :Mr.B.Bhagavathi Government Advocate

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to consider the representations made by the petitioner, wherein, the petitioner is seeking for the survey of the property and to fix the boundaries.

2. The case of the petitioner is that the property was purchased by his father through a registered sale deed dated 1/3

30.01.1995. On his demise, on 28.10.2018, the petitioner is said to have inherited the property, since his mother had predeceased on 29.03.2018.

3. It is stated that there was already a patta granted in favour of the petitioner's father in patta No.714 and subsequently it was also transferred in the name of the petitioner in patta No.1005 by the Tahsildar.

4. The petitioner wanted the property to be surveyed in order to fix the boundaries. The petitioner, therefore, made a representation in this regard on 28.12.2020 and the charges were also paid. Since the same was not acted upon by the respondents, the present writ petition has been filed before this Court seeking for appropriate directions.

5. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents.

6. 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 fourth respondents to consider the representation made by the petitioner on 28.12.2020 and deal with the same on its own merits and in accordance with law and take a decision with regard to the surveyof the subject property within four weeks from the date of receipt of a copy of this order. If there are any other interested parties, notice shall also be issued to them before undertaking the survey.

7. The petitioner is directed to make a fresh representation to the first and fourth respondents along with all the relevant documents and also a copy of this order.

8. This writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (T&P) // 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. 2/3

To 1.The Tahsildar, Pattukottai Taluk Thanjavur District 2.The Deputy Superintendent of Police, Pattukottai Taluk Thanjavur District.

3.The District Surveyor, Office of the District surveyor Thanjavur District Thanjavur.

4.The Taluk Surveyor Kurichi Village, Pattukottai Taluk Thanjavur District +1 CC to M/s.SPL GP ( SR-17515[F] dated 26/04/2021 ) 23.04.2021 PM(CO) KB(11.05.2021) 3P 6C 3/3