Natesan v. The Dist. Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Natesan

...Petitioner

Vs.

1.The District Collector, Office of the District Collector, Pudukottai, 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, 3.The Tahsildar, Office of the Tahsildar, Nallampalchadram, 4.The Surveyor, Office of the Surveyor, ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ Mandamus, directing the respondents to survey the petitioner's land in Pudukottai District, Thirumayam Taluk, Nallampaal Samudram Village, Survey No.38/9, in Patta No.173 as per the Kilanilai Register Office, document No.385/2019, dated 20.05.2019 by considering the petitioner's representation, dated 15.02.2021, in accordance with law, within the time stipulated by this Court.

For Petitioner : Mr.K.M.Karunakaran For Respondents : Mr.K.P.Narayanakumar, Special Government Pleader

O R D E R

This writ petition has been filed for the issuance of Writ of Mandamus directing the respondents to act upon the representation made by the petitioner on 15.02.2021, wherein the petitioner has sought for the survey of the subject property and for fixing the boundaries.

2.The case of the petitioner is that the subject property was purchased by virtue of a registered sale deed, dated 20.05.2019 and the patta was also transferred in the name of the petitioner in Patta No.173 by proceedings, dated 24.06.2019. 1/3

3.The petitioner wanted a survey to be conducted in the property and hence, made an application and paid the necessary fees. Since the same was not acted upon, the present writ petition has been filed before this Court seeking for appropriate directions. 4.Heard Mr.K.M.Karunakaran, learned counsel for the petitioner and Mr.K.P.Narayanakumar, learned Special Government Pleader for the respondents.

5.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 3rd respondent to act upon the application submitted by the petitioner on 15.02.2021 and take a decision with regard to the survey in the said property, within a period of four weeks from the date of receipt of a copy of this order. If there are any other interested parties, notices shall be issued to them also and they shall also be presented at the time of survey.

6.The petitioner is directed to make a fresh representation to the 3rd respondent along with all relevant documents and also along with the copy of this order.

7.This Writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (AS) // 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.

To 1.The District Collector, Office of the District Collector, Pudukottai, 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, 2/3

3.The Tahsildar, Office of the Tahsildar, Nallampalchadram, 4.The Surveyor, Office of the Surveyor, +1 CC to M/s.KARUNAKARAN.K.M., Advocate ( SR-15959[F] dated 16/04/2021 ) +1 CC to M/s.SPL GP ( SR-16299[F] dated 17/04/2021 ) 16.04.2021 VR(CO) KB(24.04.2021) 3P 7C 3/3