Madras High CourtWP(MD)/8450/2021disposed of

Fathima Rani v. The Dist.Head Surveyor

2021-04-23Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.04.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Fathima Rani .. Petitioner Vs.

1.The District Head Surveyor, Ramanathapuram, 2.The Tahsildar, Mudukulathur Taluk Office, 3.The Surveyour, Mudukulathur, .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the third respondent to survey the petitioner's land in Natham Patta No.462 in Old Survey No.198/1B, was subdivided as New Survey No.307/13 to an extent of 843.75 square feet situated at Alanganoor Village, Suvathaan Group, Mudukalathur Taluk, Ramanathapuram District and earmarked the boundaries of the properties, based on the petitioner's representation dated 31.03.2021. For Petitioner : Mr.K.Yasar Arafath For Respondents : Mr.B.Bhagawathy, Government Advocate.,

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the third respondent to consider the representation made by the petitioner on 31.03.2021, wherein the petitioner has sought for the survey of the subject property and for marking the boundaries.

2. The case of the petitioner is that the subject property was purchased by the petitioner, by virtue of a registered sale deed, dated 27.01.2021. The petitioner made an application/representation before the respondents seeking for the survey of the subject property. The petitioner also claims to have paid the necessary 1/3

charges for conducting the survey. The grievance of the petitioner is that the representation/application has not been considered and hence, the present Writ Petition has been filed before this Court.

3. Heard Mr.K.Yasar Arafath, learned counsel appearing on behalf of the petitioner and Mr.B.Bhagawathy, learned Government Advocate appearing on behalf of 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 second and third respondents to consider the representation/application made by the petitioner on 31.03.2021, and deal with the same on its own merits and in accordance with law and take a decision within a period of six (6) weeks from the date of receipt of a copy of this order. If there are any other interested parties, who must be heard before the survey is conducted, notice shall also be sent to them before undertaking the survey.

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

6. This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) vsm 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 District Head Surveyor, Ramanathapuram, 2.The Tahsildar, Mudukulathur Taluk Office, 2/3

3.The Surveyour, Mudukulathru, +1 CC to M/s.SPL GP ( SR-17544[F] dated 26/04/2021 ) 23.04.2021 RK(10.05.2021) 3P 5C 3/3