Nagaraj.R v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH R.Nagaraj ... Petitioner Vs.

1.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Karur Sub Division, Karur.

2.The Tahsildar, O/o. The Tahsildar, Manmangalam Taluk, Karur.

3.The Head Surveyor, O/o. The Head Surveyor, Manmangalam Taluk, Karur.

4.The Village Administrative Officer, O/o. The Village Administrative Officer, Andankoil (East) Village, Manmangalam Taluk, Karur.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondent Nos.3 & 4 to survey the petitioner's land in Survey No.2379/2, situated at Andankoil (East) Village, Manmangalam taluk, Karur District.

For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.K.P.Narayanakumar Special Government Pleader

ORDER

This writ petition has been filed for the issuance of writ of Mandamus, directing the respondents to survey the subject property and to fix the boundaries.

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2.The case of the petitioner is that he purchased the subject property by virtue of a registered sale deed, dated 11.07.1997. The further case of the petitioner is that the patta was also granted in his name in patta No.1368. According to the petitioner, he is in possession and enjoyment of the property and he is also paying all the taxes to the Government.

3.The petitioner made an application, on 06.09.2019, after paying the necessary charges, seeking for the survey of the subject property. This was not acted upon and hence, the petitioner once again made an application on 29.09.2020. Even this application was not acted upon. Thereafter, the petitioner gave a representation to the respondents and the first respondent by letter, dated 22.01.2021, directed the second respondent to take appropriate action on the application submitted by the petitioner and to complete the survey and report the same. The grievance of the petitioner is that the second respondent has not acted upon the application given by the petitioner and left with no other alternative, the present writ petition has been filed before this Court, seeking for appropriate directions.

4.Heard Mr.S.M.A.Jinnah, learned counsel for the petitioner and Mr.K.P.Narayanakumar, learned Special Government Pleader, for the respondents.

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 2nd and 3rd respondents to act upon the application submitted by the petitioner, on 29.09.2020 and conduct a survey of the subject property, within a period of four weeks from the date of receipt of a copy of this order. If there is any other interested party, notice shall also be served on them before undertaking the survey.

6.The petitioner is directed to make a fresh representation to the 2nd and 3rd respondents along with all the relevant documents and also a copy of this order.

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

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

To 1.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Karur Sub Division, Karur.

2.The Tahsildar, O/o. The Tahsildar, Manmangalam Taluk, Karur.

3.The Head Surveyor, O/o. The Head Surveyor, Manmangalam Taluk, Karur.

4.The Village Administrative Officer, O/o. The Village Administrative Officer, Andankoil (East) Village, Manmangalam Taluk, Karur. +1 CC to M/s.SPL GP ( SR-17929[F] dated 28/04/2021 ) 27.04.2021 AS(09.06.2021)3P 6C 3/3