Senthilmurugan.R v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.04.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH R.Senthilmurugan

...Petitioner

Vs.

The Tahsildar, Thanjavur Taluk Office, Thanjavur.

... Respondent Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 20.07.2020 and dispose of the same within the stipulated period. For Petitioner : Mr.V.Pavel For Respondent : Mr.K.P.Narayanakumar Special Government Pleader

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the respondent to consider the application submitted by the petitioner on 20.07.2020, wherein, the petitioner has sought for conducting a survey in the subject property. 2.The case of the petitioner is that he purchased the subject property by virtue of a registered sale deed dated 28.02.2014. The further case of the petitioner is that he applied for a sub division and transfer of patta in his favour with respect to the subject property and he had also paid necessary fees in this regard. Pursuant to the same, the Revenue Tahsildar, Thanjavur, demarcated the property and the property was sub-divided in favour of the petitioner and a new survey number was allotted as Survey No.15/37 and patta was also granted in favour of the petitioner in Patta No.3664. This process was completed in the year 2015.

3.

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3. The petitioner after some time visited the property and found that the boundary stones were missing and it became difficult for the petitioner to identify his property. The petitioner therefore submitted an application before the respondent on 20.07.2020 seeking for surveying the property and to fix the boundary stones. According to the petitioner, necessary fees was also paid before the respondent.

4. The grievance of the petitioner is that in spite of receiving an application and the necessary fees, the respondent has not taken any action to conduct the survey and fix the boundary stones. Aggrieved by the same, the present Writ Petition has been filed before this Court.

5. Heard Mr.V.Pavel, learned counsel appearing for the petitioner and Mr.K.P.Narayana Kumar, learned Special Government Pleader, appearing on behalf of the respondent.

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 respondent to act upon the application submitted by the petitioner on 20.07.2020 and take a decision on surveying the subject property and complete the process within a period of eight (8) weeks from the date of receipt of a copy of this order.

7.

The petitioner is directed to make a fresh representation to the respondent along with all the necessary documents and the application dated 20.07.2020 accompanied by a copy of this order.

8. This Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS-II) // 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 The Tahsildar, Thanjavur Taluk Office, Thanjavur.

+1 CC to M/s.SPL GP ( SR-15604[F] dated 09/04/2021 ) Order made in Dated:07.04.2021 AK(26/02/2021) 3P 3C 3/3