Madras High CourtWP(MD)/8855/2021disposed of

Michaelsamy v. The Tahsildar

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

W.P.(MD)No.8855 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.8855 of 2021 (Through Video Conferencing) Michealsamy ... Petitioner Vs.

1.The Tahsildar, Office of the Taluk Office Srirangam Taluk Trichy District 2.The Taluk Surveyor, Office of the Taluk Surveyor, Trichy ... 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 herein to take necessary action on the basis of the petitioner application dated 01.02.2020 for conducting the survey, measurements and fixing the boundary stones in respect of the petitioner's land (punjai) comprised in S.No.204/2 of an extent of 0.79 cents situated at Navaloor Kuttapatti Village, Srirangam Taluk, Trichy District within the time stipulated by this Court. For Petitioner :Mr.B.Jameelarasu For Respondents :Mr.K.P.Narayanakumar Special Government Pleader

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the first respondent to act upon the application submitted by the petitioner on 01.02.2021, wherein the petitioner's is seeking for conducting the survey and to fix the boundary stones. 2.The case of the petitioner is that he purchased the subject property by virtue of a registered sale deed dated 12.01.2021. According to the petitioner, there were some attempts made by the adjacent land owners to encroach upon the property. Therefore, the petitioner wanted to conduct a survey and to fix the boundary stones in accordance with the title document. The petitioner submitted an application in this regard on 01.02.2021 before the respondents. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.8855 of 2021

3. Heard the learned counsel for the petitioner and the learned Special 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 consider the application filed by the petitioner on 01.02.2021 and deal with the same on its own merits and in accordance with law with regard to the survey of the subject property within six weeks 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, Office of the Taluk Office Srirangam Taluk Trichy District 2.The Taluk Surveyor, Office of the Taluk Surveyor, Trichy +1 CC to M/s.GP ( SR-18436[F] dated 03/05/2021 ) W.P.(MD)No.8855 of 2021 30.04.2021 GS (8.06.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2