Shanmuganathan v. Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Shanmuganathan ... Petitioner Vs.

1. The Tahsildar, Tahsildar Office,

2. The Head Surveyor, Sivaganga District.

3. The Surveyor, Sivaganga District.

... 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 Punja Land in Survey No.73 - old Survey No.73/25, 73/27 situated at Nedumaram, Thirupathur Taluk, Sivaganga District based on the Petitioner's Application dated 04.02.2022. For Petitioner : Mr.G.Kannan For Respondents : Mrs.S.Jeyapriya Government Advocate

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the respondents to survey the Punja Land in Survey No.73 - Old Survey No.73/25, 73/27 situated at Nedumaram, Thirupathur Taluk, Sivaganga District based on the petitioner's representation dated 04.02.2022, within a time frame to be fixed by this Court.

2.The petitioner claims that the aforementioned property is a Natham land and it is in his possession from 1993 onwards. Earlier his ancestors were in possession of the same. The petitioner has filed adangal extract for the subject property which stands in his father's name namely Velladura @ Muthuandi. The petitioner seeks for survey of the aforementioned land. According to the petitioner, he has submitted an application on 04.02.2022 with the respondents for the said purpose and has also paid the necessary charges. Since 1/3

the said application has not been considered till date, the petitioner has filed this writ petition.

3.Heard Mr.G.Kannan, learned Counsel appearing for the writ petitioner and Mrs.S.Jeyapriya, learned Government Advocate who accepts notice on behalf of the respondents.

4.The petitioner has filed a copy of the adangal extract standing in the name of his father. He also claims that he is in possession of the property ever since 1993 and his ancestors were in possession even before 1993.

5.No prejudice would be caused to the respondents if the petitioner's application dated 04.02.2022 seeking for survey of the aforementioned lands is done in the presence of the petitioner and other necessary parties whom the respondent deems fit to put on notice. The first respondent has to survey the land with the assistance of the second and third respondents. 6.Accordingly, this Court directs the first respondent with the assistance of the second and third respondents to survey and demarcate the boundaries of the property comprised in Survey No.73 - Old Survey No.73/25, 73/27 situated at Nedumaram, Thirupathur Taluk, Sivaganga District, within a period of twelve [12] weeks from the date of receipt of a copy of this order in the presence of the petitioner and any other rival claimants whom the first respondent deems fit to put on notice.

7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To

1. The Tahsildar, Tahsildar Office, 2/3

2. The Head Surveyor,

3. The Surveyor, Sivaganga District.

+1 CC to M/s.G.KANNAN, Advocate ( SR-16170[F] dated 01/04/2022 ) ORDER MADE IN 01.04.2022 PA(18.04.2022) 3P 5C 3/3