Madras High CourtWP(MD)/6540/2023disposed of

Moorthy. A v. The Tahsildar

2023-03-27Honourable Mr Justice C.V. Karthikeyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN A.Moorthy ... Petitioner Vs.

1.The Tahsildar Nilakottai Taluk, Nilakkottai, Dindigul District.

2.The Taluk Head Surveyor Nilakkottai, Nilakkottai Taluk, Dindigul District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus Mandamus directing the respondents 1 and 2 herein to carry out appropriate survey, demarcation and fix the boundaries of the petitioner's possession of the lands comprised in Survey No.206/3B of an extent of 0.77.5 Hectares (1 Acre 1/5

and 91 cents) and Survey No.206/3C of an extent of 0.12.0 Hectares (30 cents) situate at Nariyoothu Village, Nilakkottai Taluk, Dindigul District.

For Petitioner : Mr.R.Thangapandian 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 1 and 2 / Tahsildar, Nilakottai Taluk, Dindigul District and Taluk Head Surveyor, Nilakottai Taluk, Dindigul District, to survey the land of the petitioner in Survey No. 206/3B measuring 0.77.5 Hectares = 1.91 acres and Survey No.206/3C measuring 0.12.0 Hectares = 30 cents at Nariyoothu Village, Nilakottai Taluk, Dindigul District.

2. In the affidavit, it had been stated that the father of the petitioner, Ayyavuthevar had purchased the said properties by a registered sale deed, dated 07.09.2007 as Document No.2386 of 2007 2/5

and registered in the Office of the Sub Registrar, Nilakottai Taluk, Dindigul District. Subsequently, the father had settled the property in favour of the petitioner by a registered settlement deed, dated 08.02.2013 and registered as Document No.544 of 2013 again in the office of the Sub Registrar, Nilakottai Taluk, Dindigul District. The petitioner had applied for survey of the lands and also paid necessary fees.

3. A direction is given to the respondents 1 and 2 to proceed further with the said application and conduct the survey, if there are no other impediments, within a period of twelve weeks from the date of receipt of a copy of this order.

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

27.03.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No rm 3/5

To 1.The Tahsildar Nilakottai Taluk, Nilakkottai, Dindigul District.

2.The Taluk Head Surveyor Nilakkottai, Nilakkottai Taluk, Dindigul District.

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C.V.KARTHIKEYAN, J.

rm 27.03.2023 5/5