Madras High CourtWP(MD)/8824/2021disposed of

Radhakrishnan.P v. The Tahsildar

2021-04-30Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD)No.8824 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 30.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.8824 of 2021 (Through Video Conferencing) P.Radhakrishnan ... Petitioner Vs.

1.The Tahsildar Rameshwaram Taluk Ramanathapuram District 2.The Taluk Surveyor Rameswaram Taluk Ramanathapuram District ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents to survey petitioner's land situated in Survey No.795/1A1A1 and 796/3A3B, comprising patta No.3938, Theetchathar Kollai Village, Rameswaram Taluk, Ramanathapuram District on the basis of petitioner's application dated 05.04.2021 within stipulated time fixed by this honble Court.

For Petitioner :Mr.T.Veerakumar For Respondents :Mr.M.Rajarajan Additional Government Pleader

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to act upon the application submitted by the petitioner on 05.04.2021, wherein, the petitioner has sought for the survey of the subject property. 2.The case of the petitioner is that the subject properties were inherited by the petitioner and his family members and subsequently, there was a partition among themselves, which was reduced to writing by virtue of a registered partition deed dated 20.07.2010. The further case of the petitioner is that the patta also stands in his name with respect to the property that was allotted to his share.

3.The petitioner wanted to survey the subject property and hence submitted an application on 05.04.2021 by paying necessary charges. The grievance of the petitioner is that the respondents have not acted upon the application submitted by the petitioner and left with no other alternative, the present writ petition has been filed before this Court seeking appropriate directions. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.8824 of 2021

3. Heard the learned counsel for the petitioner and the 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 respondents to act upon the application submitted by the petitioner on 05.04.2021 strictly in accordance with law within four weeks from the date of receipt of a copy of this order.

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

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

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) 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. RR To 1.The Tahsildar Rameshwaram Taluk Ramanathapuram District 2.The Taluk Surveyor Rameswaram Taluk Ramanathapuram District +1 CC to M/s.T.VEERAKUMAR, Advocate ( SR-18325[F] dated 03/05/2021 ) +1 CC to M/s.GP ( SR-18426[F] dated 03/05/2021 W.P.(MD)No.8824 of 2021 30.04.2021 GS (8.06.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2