Madras High CourtWP(MD)/9142/2020disposed of

C.Chinnavellai v. The Tahsildar

2020-08-19Honourable Mr Justice D. Krishnakumar2 pages

W.P.(MD)No.9142 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.9142 of 2020 C.Chinnavellai ... Petitioner Vs.

1.The Tahsildar, O/o.The Tahsildar, Peraiyur Taluk, Madurai District.

2.The Deputy Inspector of Surveyor, O/o.The Deputy Inspector of Surveyor, Peraiyur Taluk, Madurai District.

3.The Sub-Inspector of Surveyor, Elumalai Pirka, Peraiyur Taluk, Madurai District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the respondents to conduct a survey in the petitioner's land in Survey No.208/5A, in an extent of 1 1⁄2 acres situated at in Mallapuram Village, Eallumalai Pirka, Peraiyur Taluk, Madurai District by considering the petitioner's representation dated 11.03.2020 and subsequent reminder dated 10.07.2020 mark the boundaries within the time stipulated by this Court.

For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.C.M.Mari Chelliah Prabhu Additional Government Pleader

ORDER

This writ petition is filed to direct the respondents to conduct a survey in the petitioner's land in Survey No.208/5A, measuring an extent of 1 1⁄2 acres situated in Mallapuram Village, Eallumalai Pirka, Peraiyur Taluk, Madurai District, by considering the petitioner's representation dated 11.03.2020. 2.Heard Mr.T.Thirumurugan, learned counsel appearing for the petitioner and Mr.C.M.Mari Chelliah Prabhu, learned Additional Government Pleader appearing for the respondents. 3.The case of the petitioner is that the petitioner is having a property in Survey No.208/5A measuring an extent of 1 1⁄2 acres situated in Mallapuram Village, Eallumalai Pirka, Peraiyur Taluk, Madurai District and he has obtained patta. While so, the petitioner wants to survey his land, since the animals were disturbed his cultivation. In this regard, on 06.02.2020, the petitioner has paid https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.9142 of 2020 the fees to the Treasury of respondents. So far no action has been taken. Therefore, he sent a representation dated 11.03.2020 to the respondents to survey his land. Since no action has been taken, the petitioner is before this Court.

4.The learned counsel appearing for the petitioner submitted that it would suffice if the representation made by the petitioner dated 11.03.2020 is directed to be considered by the respondents. 5.In the light of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, is inclined to direct the respondents to consider the petitioner's representation dated 11.03.2020 and pass orders on merits and in accordance with law, as expeditiously as possible, preferably within a period of twelve(12) weeks from the date of receipt of a copy of this order, after providing opportunity to any interested parties. No costs.

6.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS ) Ns 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, O/o.The Tahsildar, Peraiyur Taluk, Madurai District.

2.The Deputy Inspector of Surveyor, O/o.The Deputy Inspector of Surveyor, Peraiyur Taluk, Madurai District.

3.The Sub-Inspector of Surveyor, Elumalai Pirka, Peraiyur Taluk, Madurai District.

+1 CC to M/s.GP ( SR-14632[F] dated 21/08/2020 ) W.P.(MD)No.9142 of 2020 Dated:19.08.2020 SPU(27.08.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2