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Madras High CourtWP(MD)/8295/2021disposed of

Rajalakshmi A v. The Tashsildar

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

W.P.(MD).No.8295 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.8295 of 2021 A.Rajalakshmi ... Petitioner Vs.

The Tahsildar, Musiri Taluk, Tiruchirappalli District.

... Respondent Prayer: Writ petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondent to conduct survey in the property in Survey No.429/2 to an extent of 0.71 cents at Ayyampalayam Village, Musiri Taluk, Trichy District and consequently, to consider the petitioner's representation, dated 15.12.2020. For Petitioner : Mr.P.Arun Jayatram For Respondent : Mr.M.Rajarajan Additional Government Pleader

ORDER

This writ petition has been filed for the issuance of writ of mandamus, directing the respondents to consider the representation made by the petitioner on 15.12.2020, wherein, the petitioner has sought for conducting a survey in the subject property. 2.The case of the petitioner is that the subject property originally belonged to her husband, which was purchased by a registered sale deed dated 18.04.1987. The further case of the petitioner is that her husband died leaving behind the petitioner as the legal heir. It is stated that a patta was also issued in the name of the petitioner in patta No.61.

3.According to the petitioner, the Panchayat attempted to lay a road in the subject property and the petitioner had filed a writ petition before this Court in W.P.(MD).No.13422 of 2020 and the said writ petition was entertained and an order of interim injunction was also granted on 07.10.2020 and the writ petition is pending.

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

W.P.(MD).No.8295 of 2021 4.The petitioner in order to bring a clarity to ascertain the actual extent of the property, made an application to the respondent on 15.12.2020, requesting for the survey of the subject property, after paying the necessary charges. The grievance of the petitioner is that the said application has not been considered till date and left with no other alternative, the present writ petition has been filed seeking for appropriate directions.

5.Heard Mr.P.Arun Jayatram, learned counsel for the petitioner and Mr.M.Rajarajan, learned Additional Government Pleader, for the respondent.

6.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 respondent to act upon the application made by the petitioner, on 15.12.2020 and take a decision with regard to the survey of the property, within a period of four weeks from the date of receipt of a copy of this order.

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

8.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) To The Tahsildar, Musiri Taluk, Tiruchirappalli District.

+1 CC to M/s.SPL GP ( SR-17364[F] dated 23/04/2021 ) W.P.(MD).No.8295 of 2021 22.04.2021 ARK(CO) AS(12.05.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2