Ganeshan v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2021

CORAM:

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

1.The Revenue Divisional Officer, O/o. The Revenue Divisional Office, Srirangam, Trichy District.

2.The Tahsildar, O/o. The Tahsildar, Srirangam Taluk, Trichy.

3.The Head Surveyor, O/o. The Head Surveyor, Srirangam Taluk, Trichy.

4.The Village Administrative Officer, O/o. The Village Administrative Office, Koppu North Village, Sriarangam Taluk, Trichy.

... 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.56/7, 56/8, with the extent 12 1⁄2 cents situated at Srirangam Taluk, Koopu Village, Trichy District, by considering the representation, dated 13.03.2021.

For Petitioner : Mr.J.Krishnakumar For Respondent : Mr.P.Mahendran Additional Government Pleader

ORDER

This writ petition has been filed for the issuance of writ of Mandamus, directing the third respondent to conduct the survey in the subject property and to fix boundaries, on considering the 1/3

representation made by the petitioner, on 13.03.2021. 2.The case of the petitioner is that the subject properties were purchased through a registered sale deed, dated 22.10.1983, registered as document No.2656/83. It is stated that the petitioner is in possession and enjoyment of the property, till date. The petitioner has been making repeated efforts to get the property surveyed from the year 2015 onwards. The grievance of the petitioner is that the property was not surveyed in spite of repeated applications being presented and ultimately, the petitioner made an application, on 03.06.2020, after paying the necessary charges. Even thereafter, no steps were taken to survey the property. Left with no other option, the present writ petition has been filed before this Court, seeking for appropriate directions. 3.Heard Mr.Krishnakumar, learned counsel for the petitioner and Mr.P.Mahendran, learned Additional Government Pleader, for 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 made by the petitioner, on 13.03.2021 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. If there are any other interested parties, notice shall be issued 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 copy of this order.

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

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The Revenue Divisional Officer, O/o. The Revenue Divisional Office, Srirangam, Trichy District.

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2.The Tahsildar, O/o. The Tahsildar, Srirangam Taluk, Trichy.

3.The Head Surveyor, O/o. The Head Surveyor, Srirangam Taluk, Trichy.

4.The Village Administrative Officer, O/o. The Village Administrative Office, Koppu North Village, Sriarangam Taluk, Trichy.

+1 CC to M/s.GP ( SR-18401[F] dated 03/05/2021 ) 29.04.2021 AS(09.06.2021)3P 6C 3/3