← Library
Madras High CourtWP(MD)/5739/2021disposed of

Sivasamy.V v. The Tahsildar

2021-06-28Honourable Mr Justice N. Anand Venkatesh2 pages

W.P(MD).No.5739 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.5739 of 2021 V.Sivasamy

...Petitioner

Vs.

1.The Tahsildar, Taluk Office, Karur, Karur District.

2.The Taluk Surveyor, Taluk Office, Karur, Karur District.

...Respondents

Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondent herein to carry out survey on the petitioner's land property situated at Karur District, Karur Taluk, Puliyur Village, S.F.No.174 6/1, 174 7/B measuring 1.95 cents, in the light of his representation dated 22.10.2020 within a stipulated period as may be fixed by this Court. For Petitioner : Mr.R.Sundar For Respondents : Mr.M.Lingadurai Government Advocate

ORDER

This Writ Petition has been filed for the issue of a writ of Mandamus directing the respondents to consider the representation made by the petitioner on 22.10.2020, wherein, the petitioner has sought for survey of the subject property and for fixing boundaries.

2. The case of the petitioner is that he is the owner of the subject property by virtue of registered sale deed dated 05.05.2008. The further case of the petitioner is that a patta was also issued in his favour in Patta No.2989. The petitioner made a representation on 22.10.2020 seeking for survey of the subject property and fixing the boundaries. Since the same was not considered, the present petition has been filed before this Court seeking for appropriate directions.

3. Heard Mr.R.Sundar, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing for the respondents.

https://hcservices.ecourts.gov.in/hcservices/

W.P(MD).No.5739 of 2021

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 respondents to consider the representation made by the petitioner on 22.10.2020 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. If there are any interested parties, notice shall also be served on them before undertaking the survey.

5. The petitioner is directed to make a fresh representation to the respondents along with all relevant documents and also a copy of this order. The petitioner shall also pay the necessary charges for conducting the survey.

6. This writ petition is disposed of with the above directions. Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) ssb 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, Taluk Office, Karur, Karur District.

2.The Taluk Surveyor, Taluk Office, Karur, Karur District.

+1 CC to M/s.SPL GP ( SR-20703[F] dated 30/06/2021 ) W.P.(MD).No.5739 of 2021 28.06.2021 KB(06.07.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/