Madras High CourtWP(MD)/8329/2021disposed of

Saravanan.S v. The Tahsildar

2021-04-22Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD).No.8329 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.8329 of 2021 S.Saravanan

...Petitioner

Vs.

1.The Tahsildar, Taluk Office, Thirupparankundram, Madurai District.

2.The District Surveyor, Madurai, Madurai District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to survey the property in Plots 1,2,3,5 and 6 in Survey Nos.34/5, subdivided into 34/5B1G(Plot No.1), 34/5B1F(Plot No.2), 34/5B1E(Plot No.3), 34/5B1C(Plot No.5), 34/5B1B(Plot No.6) of Thanakkankulam Village, Thirupparankundram Taluk, Madurai District and consequently direct the respondents to furnish a report in this regard to the Petitioner.

For Petitioner :Mr.C.M.Arumugam For Respondents :Mr.B.Bhagavathi .Govt. Advocate

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the respondents to consider the representation made by the Petitioner on 2.3.2021, wherein, the Petitioner has sought for the survey of the sub-divided properties. 2.The case of the Petitioner is that the sub-divided property was plotted into various house sites. The Petitioner wanted to survey the property in Plot Nos.1,2,3,5 and 6. Hence a representation/application was made to the respondents on 2.3.2021 in this regard. Since the same was not considered, the present Writ Petition has been filed before this Court seeking for appropriate directions.

4.Heard Mr.C.M.Arumugam, learned counsel appearing for the petitioner and Mr.B.Bhagavathi, learned Government Advocate appearing on behalf of the respondents.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.8329 of 2021

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 respondents to consider the representation/application made by the petitioner on 02.03.2021 and deal with the same on its own merits and in accordance with law and take a decision with regard to the survey of the sub-divided plots within a period of six weeks from the date of receipt of a copy of this order. If there are any other interested parties, the respondents shall also issue notice to them before undertaking the survey in the subject property.

6.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.

7. The Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar // 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, Taluk Office, Thirupparankundram, Madurai District.

2.The District Surveyor, Madurai, Madurai District.

+1 CC to M/s.C.M.ARUMUGAM, Advocate ( SR-17436[F] dated 26/04/2021 ) Order made in W.P.(MD).No.8329 of 2021 22.04.2021 RP (25.05.2021) P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2