Gulam Thasthageer v. The Tahsildar
W.P.(MD).No.8970 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.8970 of 2021 Gulam Thasthageer
...Petitioner
Vs.
1.The Tahsildar, Manachanallur, Trichy District.
2.The Surveyor, Manachanallur Thasildar Office, Manachanallur, Trichy District.
... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the second respondent to survey and mark the four boundaries of the property situated to an extent of survey No.84/1A1A1A, 1750 sq.feet. (4 cents) at plot No.2, in Palaniappa Nagar, Pichandarkoil Village, Lalgudi Taluk, Trichy District.
For Petitioner : Mr.N.Kamesh 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 second respondent to consider the application submitted by the petitioner on 20.01.2021 and to survey the subject property and fix the boundaries within the time limit fixed by this Court.
2. The case of the petitioner is that he is the absolute owner of the subject property, by virtue of a registered sale deed, dated 07.09.1994. The petitioner wanted to conduct a survey in the subject property and hence, he made an application and paid necessary charges on 20.01.2021, before the second respondent. The grievance of the petitioner is that the second respondent did not take any steps to conduct the survey and left with no other alternative, the present Writ Petition has been filed before this Court seeking for appropriate directions.
3. Heard Mr.N.Kamesh, learned Counsel appearing on behalf of the petitioner and Mr.K.P.Narayanakumar, learned Special Government Pleader appearing on behalf of 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 respondent to proceed further to conduct a survey in the subject property within a period https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD).No.8970 of 2021 of four (04) weeks from the date of receipt of a copy of this order. If there are any other interested parties claiming right over the subject property, they shall also be issued with notice and an opportunity shall also be given to them.
5. The petitioner is directed to make a fresh representation to the second respondent along with all the relevant documents and also a copy of this order.
6. The Writ Petition stands disposed of with the above observations. No costs.
Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) Tsg 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. To 1.The Tahsildar, Manachanallur, Trichy District.
2.The Surveyor, Manachanallur Thasildar Office, Manachanallur, Trichy District.
Order made in W.P.(MD).No.8970 of 2021 Dated:
30.04.2021 CN(16.06.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2