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Madras High CourtWP(MD)/6086/2023disposed of

Vaithiyalingam v. The District Collector

2023-03-20Honourable Mr Justice C.V. Karthikeyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.6086 of 2023 Vaithiyalingam ... Petitioner Vs

1. The District Collector, O/o. the District Collector, Thanjavur District.

2. The Revenue Divisional Officer, O/o. the Revenue Divisional Office, Pattukottai, Thanjavur District.

3. The Deputy Director, Lands Survey and Settlement, Thanjavur District.

4. The Tahsildar, Pattukottai Taluk, Thanjavur District.

5. The Taluk Surveyor, Pattukottai Taluk, Thanjavur District.

... Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the above fourth respondent to survey and measure the petitioner's land with metes and bounds in accordance with the description of the property in Survey No.310/2 in Thamaraikottai Vadapathi Village, Pattukottai Taluk, Thanjavur District at an extent of 1 Acre and 89 Cents found in the sale deed Document No.1410/1980 dated 25.09.1980 that was registered on 29.09.1980 on the basis of the petitioners representation dated 11.03.2023.

For Petitioner : Mr.B.N.Raja Mohamed For R1 to R5 : Mr.J.Ashok Additional Government Pleader

O R D E R

The Writ Petition has been filed in the nature of Mandamus, seeking a direction to the fourth respondent/Tahsildar, Pattukottai Taluk, Thanjavur District to survey and measure the petitioner's land in metes and bounds. The lands are situated at S.No.310/2 in Thamaraikottai Vadapathi Village, Pattukottai Taluk, Thanjavur District at an extent of 1 Acre and 89 Cents. The petitioner claims that he had purchased the said land by a registered sale deed in Doc. No.1410/1980, dated 25.09.1980, registered on 29.09.1980, in the office of Sub Registrar, Athiramapattinam, Thanjavur District. The petitioner had also given a representation, dated 11.03.2023. 2/5

2.It is stated that the lands were subsequently subdivided as S.No. 310/2A, 310/2B, 310/2C. The petitioner had made an online application, seeking to survey and measure the property by metes and bounds. 3.The said decision can be taken only by the revenue officials, particularly, by the fourth respondent with the assistance of the fifth respondent.

4.A direction is given to the fourth respondent/ Tahsildar, Pattukottai Taluk, Thanjavur District to issue notice to the petitioner, examine the title deeds of the petitioner and examine one Balasubramanian, whose name is mentioned in the fifth paragraph of the affidavit and issue notice to all parties concerned and also to the adjacent land owners and if there is no impediment, proceed further. The said exercise should be completed by the fourth respondent, with the assistance of the fifth respondent, within a period of twelve weeks, from the date of receipt of a copy of this order. 3/5

5.Accordingly, this Writ Petition stands disposed of. No costs. 20.03.2023 NCS : Yes/No Index : Yes / No Internet: Yes/ No PNM To

1. The District Collector, O/o. the District Collector, Thanjavur District.

2. The Revenue Divisional Officer, O/o. the Revenue Divisional Office, Pattukottai, Thanjavur District.

3. The Deputy Director, Lands Survey and Settlement, Thanjavur District.

4. The Tahsildar, Pattukottai Taluk, Thanjavur District.

5. The Taluk Surveyor, Pattukottai Taluk, Thanjavur District.

4/5

C.V.KARTHIKEYAN, J.

PNM ORDER IN W.P(MD).No.6086 of 2023 20.03.2023 5/5