Madras High CourtWP(MD)/5019/2023disposed of

Kanagalakshmi R v. The Tahsildar

2023-03-09Honourable Mr Justice C.V. Karthikeyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.5019 of 2023 R.Kanagalakshmi ... Petitioner Vs

1. The Tahsildar, Kovilpatti Taluk Office, Thoothukudi District.

2. The Surveyor, Kovilpatti Taluk, Thoothukudi District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to conduct the Survey and earmark the petitioner's land in Plot No.8, 12, 14 and 24 in S.No.2330/516-1B based on the petitioner's application, dated 13.09.2022 within the time frame fixed by this Court. For Petitioner : Mr.P.Subathra Devi For R1 to R2 : Mr.N.Muthu Vijayan Special Government Pleader 1/4

O R D E R

The petitioner had filed an application on 13.09.2022 seeking to measure the property of the petitioner herein. The property had been partitioned by way of registered partition deed in Doc.No.6141/08, registered in the year 2008 among the family members. They have five legal heirs. It is stated that the petitioner was allotted a porton of land. The petitioner seeks to measure the land in plot numbers 8, 12, 14 and 24 in S.No.2330/516-1B at Kovilpatti, Thoothukudi District.

2.Let the first respondent herein with the assistance of the second respondent, examine the application filed by the petitioner and thereafter, take necessary steps. If any objection is raised by the other members of the family of the petitioner, the objections may be noted and reasons may be given to the petitioner for decision taken either measure the property or not to measure the property.

3.It is seen that the partition was made in the year 2008 and after a lapse of 15 years, the petition has been filed by the petitioner, seeking to 2/4

measure the lands by metes and bounds.

4.The first respondent may also examine, whether there is any dispute pending between the parties before any civil forum and thereafter, take a considered decision. The said exercise should be completed within a period of six weeks, from the date of receipt of the copy of this order. 5.Accordingly, this Writ Petition stands disposed of. No costs. 09.03.2023 NCS : Yes/No Index : Yes / No Internet: Yes/ No PNM To

1. The Tahsildar, Kovilpatti Taluk Office, Thoothukudi District.

2. The Surveyor, Kovilpatti Taluk, Thoothukudi District.

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C.V.KARTHIKEYAN, J.

PNM ORDER IN W.P(MD).No.5019 of 2023 09.03.2023 4/4