Madras High CourtWP(MD)/8544/2021disposed of

Marimuthu v. The Tahsildar

2021-04-26Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH (Through Video Conferencing) Marimuthu ... Petitioner Vs.

1.The Tahsildar, Office of Taluk Office, 2.The Surveyor, Office of Surveyor Office, ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents to survey and measure the petitioner property comprised in Survey number 2430/1D in 0.37.0 extent 91 cents situated at Devadhanapatty, Theni District on the basis of the petitioner's representation dated 13.03.2021 within the time stipulated by this Court.

For Petitioner :Mr.M.Ravikumar For Respondents :Mr.B.Bhagavathy Government Advocate

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to consider the representation made by the petitioner on 13.03.2021, wherein, the petitioner has sought for survey of the subject property and for fixing the boundaries.

2.The case of the petitioner is that the subject property was purchased through a registered sale deed dated 18.01.2021. The further case of the petitioner is that the patta for the properties earlier stood in the name of his vendor and subsequently it stands in the name of the petitioner and his wife. The petitioner wanted to conduct a survey in the subject property for marking the boundaries. The petitioner also paid necessary charges in this regard on 19.02.2021. Since the representation made by the 1/3

petitioner was not considered and no survey was made, the present writ petition has been filed before this Court seeking for appropriate direction.

3. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents.

4. 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 respondents to consider the representation made by the petitioner on 13.03.2021 and deal with the same in accordance with law and take a decision with regard to the survey of the property within four weeks from the date of receipt of a copy of this order. If there are any other interested parties, notice shall also be given to them before undertaking the survey.

5. The petitioner is directed to make a fresh representation to the respondents along with all the relevant documents and also a copy of this order.

6. This writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(P&A) // 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 Tahsildar, Office of Taluk Office, 2/3

2.The Surveyor, Office of Surveyor Office, +1 CC to M/s.SPL GP ( SR-17759[F] dated 27/04/2021 ) 26.04.2021 ES(CO) AS(12.05.2021) 3P 4C 3/3