Umarani v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.6193 of 2023 Umarani ... Petitioner Vs

1. The Tahsildar, Alangudi Taluk, Pudukkottai District.

2. The Pirkka Surveyor, Alangudi Pirkka, Pudukkottai District.

3. The Inspector of Police, Vadakadu Police Station, Alangudi Taluk, Pudukkottai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to conduct the survey and demarcate in S.F.No. 279/5C2B with an extent of 0.6.96 ares punja land of Vadakadu Village, Alangudi Taluk, Pudukkottai District with the assistance of the third respondent. For Petitioner : Mr.R.Paranjothi For R1 and R2 : Mr.N.Muthu Vijayan 1/5

Special Government Pleader For R3 : Mr.R.M.S.Sethuraman Additional Public Prosecutor

O R D E R

The Writ Petition has been filed in the nature of mandamus, against the first respondent/Tahsildar, Alangudi Taluk, Pudukkottai District to survey the land of the petitioner herein at S.F.No. 279/5C2B measuring an extent of 0.6.96 ares at Vadakadu Village, Alangudi Taluk, Pudukkottai District.

2.The petitioner claims that she had purchased the said lands by a registered sale deed, dated 28.05.2015 in Doc.No.1173/15. Subsequently, the property had been subdivided and patta was also issued in favour of the petitioner herein. Since the petitioner wants to fence the property, the petitioner had given a representation to the first respondent to survey the lands.

3.The learned Special Government Pleader, who takes notice, on behalf of first and second respondents states that previously on three occasions notice had already been issued. Owing to various reasons, survey 2/5

could not be done.

4.The learned Additional Public Prosecutor, who appears on behalf of the third respondent states that during the survey, the first respondent sought for police protection.

5.A direction is given to the first respondent/ Tahsildar, Alangudi Taluk, Pudukkottai District to issue notice to the petitioner, adjacent land owners viz., Senguttuvan, S/o.Rajamanickam, Ramalingam, S/o.Nalliah and also to the Village Administrative Officer, Vadakadu Village and thereafter, conduct survey, in accordance with rules and regulations. The said exercise should be completed, within four weeks, from the date of receipt of a copy of this order.

6.With the above directions, this writ petition stands disposed of. No costs.

21.03.2023 NCS : Yes/No Index : Yes / No Internet: Yes/ No 3/5

PNM To

1. The Tahsildar, Alangudi Taluk, Pudukkottai District.

2. The Pirkka Surveyor, Alangudi Pirkka, Pudukkottai District.

3. The Inspector of Police, Vadakadu Police Station, Alangudi Taluk, Pudukkottai District.

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C.V.KARTHIKEYAN, J.

PNM ORDER IN W.P(MD).No.6193 of 2023 21.03.2023 5/5