Abibullah v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.7594 of 2023 Abibullah ... Petitioner vs.

1.The Tahsildar, Marungapuri Taluk, Marungapuri, Trichy District.

2.The Firka Surveyor, Marungapuri Taluk, Marungapuri, Trichy District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to direct the respondents to conduct the survey as per the representation and EChallan remitted on 07.10.2022 and fix the four boundaries of the petitioner's patta land comprised in Survey No.91/1 in an extent of 0.5.50 Ares in Survey No.91/2 in an extent of 0.24.50 Ares, in Survey No.91/3 in an extent of 0.29.50 Ares, in Survey No.91/4D in an extent of 0.17.00 Ares, in Survey No.91/5 in an extent of 0.18.00 Ares in Survey No.91/6 in an extent of 0.6.50 Ares and in Survey No.91/7 in an extent of 0.39.00 Ares situated in Thuvarankurichi Village, Marungapuri Taluk, 1/4

Trichirapalli District within a time frame that may be stipulated by this Court.

For Petitioner :Mr.R.R.Kannan For R1 and R2 :Mr.N.Muthuvijayan Special Government Pleader *****

O R D E R

The Writ Petition has been filed in the nature of a Mandamus seeking a direction to the respondents/Tahsildar and the Firka Surveyor of Marungapuri Taluk, Trichy District to survey the patta lands in Survey No.91/1, Survey No.91/2, Survey No.91/3, Survey No.91/4D, Survey No. 91/5, Survey No.91/6 and in Survey No.91/7 situated in Thuvarankurichi Village, Marungapuri Taluk, Trichirapalli District. The petitioner had given a representation on 07.10.2022 and had also filed necessary charges through e-challan.

2.Heard Mr.R.R.Kannan, learned Counsel for the petitioner and Mr.N.Muthu Vijayan, learned Special Government Pleader for the respondents.

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3.A perusal of the patta reveals that it is in the name of the petitioner and all his brothers. Let the respondent issue notice to all those whose names are found in the patta and proceed to survey the aforementioned the lands. If there is any objection, then a report may be filed. It would be the advantage of the petitioner that all the pattdhars are united atleast in this particular enterprise. The entire exercise may be completed within a period of eight weeks from the date of receipt of a copy of this order.

4.The Writ Petition stands disposed of. No order as to costs. Index :Yes / No 12.04.2023 Internet :Yes NCC : Yes/No cmr To 1.The Tahsildar, Marungapuri Taluk, Marungapuri, Trichy District.

2.The Firka Surveyor, Marungapuri Taluk, Marungapuri, Trichy District.

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C.V.KARTHIKEYAN, J.

cmr Order made in W.P.(MD)No.7594 of 2023 12.04.2023 4/4