Madras High CourtWP(MD)/6394/2023disposed of

Thangarasu v. The Tahsildar

2023-03-24Honourable Mr Justice C.V. Karthikeyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Thangarasu ... Petitioner Vs.

1.The Tahsildar Tahsildar Office (East), Madurai, Madurai District.

2.The Head Surveyor Tahsildar Office (East), Madurai, Madurai District.

3.The Assistant Surveyor Tahsildar Office (East), Madurai, Madurai District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents herein to carryout appropriate survey and fix the boundary of the 1/5

petitioner's property bearing UDR Survey No.15/3, UDR Patta No.39, New Patta No.785 having extent of 35 cents situated at Kodikulam 1st Bit No.85, Kodikulam, Madurai East Taluk, Madurai District based on the petitioner's representation for survey dated 31.12.2022 and 09.01.2023 respectively.

For Petitioner : Mr.S.Muthukumar For Respondents : Mr.J.Ashok, Additional Government Pleader

O R D E R

The writ petition has been filed in the nature of a Mandamus seeking a direction against the respondents herein to survey the land of the petitioner bearing UDR Survey No.15/3, UDR patta No.39, New Patta No.785 measuring 35 cents at Kodikulam 1st Bit, Madurai East Taluk, Madurai. The petitioner had given a representation on 31.12.2022 and had paid the necessary fees for the same on 31.12.2022. The documents relating to the same has been filed along with the writ petition.

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2. The petitioner claims that he is the owner of the said lands having purchased the same from Mustafa Kani on 15.02.2022 which was registered as document No.1088 of 2022 on the file of the Othakadai Sub Registrar Office, Madurai. The petitioner further claims that he is in possession and enjoyment of the property.

3. A direction is given to the respondents herein to examine the application given by the petitioner and thereafter, after issuing notice to the petitioner, proceed to survey the lands and fix the boundary stones. If there are any objections, then notice may be given to those objectors. Otherwise survey may be completed within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above direction, the writ petition stands disposed of. No costs.

24.03.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No rm 3/5

To 1.The Tahsildar Tahsildar Office (East), Madurai, Madurai District.

2.The Head Surveyor Tahsildar Office (East), Madurai, Madurai District.

3.The Assistant Surveyor Tahsildar Office (East), Madurai, Madurai District.

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C.V.KARTHIKEYAN, J.

rm 24.03.2023 5/5