Madras High CourtWP(MD)/6347/2022disposed of

Jeyaram v. The Tahsildar

2022-04-06Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Jeyaram ... Petitioner /Vs./ 1.The Tahsildar, Virudhunagar Taluk, 2.The Inspector of Survey, Department land Survey, Collector Campus, 3.The Firga Surveyor, Department of land Survey, Virudhunagar Taluk Office, ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to carry out the appropriate Survey and demarcate the boundaries of the Petitioner's Assignment House Patta land in Survey No.439/23, to the extent of 0.01.08 which is situated at Kadampankulam Village, Virudhunagar Taluk, Virudhunagar District based on the petitioner's Survey Application on 12.07.2021 within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.R.Senthilkumar For Respondents : Mrs.S.Jeyapriya Government Advocate

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to carry out survey and demarcate the boundaries of the petitioner's property comprised in Survey No.439/23, measuring an extent of 0.01.08, which is situated at Kadampankulam Village, Virudhunagar Taluk, Virudhunagar District, based on the petitioner's Application dated 12.07.2021, within a time frame to be fixed by this Court.

2.The petitioner claims that a house site patta has been issued by the Government in his favour in the month of November, 2019. According to him, he has obtained permission for construction of a 1/3

house under the Prime Minister's Housing Scheme. He has submitted an application with the respondents on 12.07.2021 for survey and demarcation of his boundaries. Since the said application has not been considered till date, this writ petition has been filed. 3.Heard Mr.R.Senthilkumar, learned Counsel for the writ petitioner and Mrs.S.Jeyapriya, learned Government Advocate, who accepts notice on behalf of the respondents.

4.The petitioner has filed the assignment order granted in his favour, under which, an assignment house patta has been issued in his favour for the subject property. The petitioner submitted an application on 12.07.2021 with the respondents seeking for survey and demarcation of his boundaries.

5.No prejudice would be caused to the respondents, if the application of the petitioner seeking survey and demarcation of the boundaries is done in the presence of the petitioner and other necessary parties, whom the respondents deem fit to put on notice at the time of survey.

6.Accordingly, this Court directs the first respondent with the assistance of the third respondent to conduct survey of the petitioner's property comprised in Survey No.439/23, measuring an extent of 0.01.08, which is situated at Kadampankulam Village, Virudhunagar Taluk, Virudhunagar District, in the presence of the petitioner and other necessary parties, whom the first respondent deems fit to put on notice, and demarcate the boundaries thereafter, within a period of twelve [12] weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To 1.The Tahsildar, Virudhunagar Taluk, 2/3

2.The Inspector of Survey, Department land Survey, Collector Campus, 3.The Firga Surveyor, Department of land Survey, Virudhunagar Taluk Office, +1 CC to M/s.SPL.GP ( SR-17225[F] dated 07/04/2022 ) +1 CC to M/s.R. SENTHIL KUMAR, Advocate ( SR-17056[F] dated 07/04/2022 ) 06.04.2022 SB(CO) KB(22.04.2022) 3P 6C 3/3