Madras High CourtWP(MD)/8181/2023disposed of

Pitchai Gounder v. The Assistant Director Of Survey And Land Records

2023-04-26Honourable Mr Justice C.V. Karthikeyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:26.04.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.8181 of 2023 Pitchai Gounder ... Petitioner Vs

1. The Assistant Director of Survey and Land Records, O/o. the AD of Survey, Kalayanpuram, Pudukkottai, Pudukkottai District.

2. The Tahsildar, Thirumayam Taluk, Pudukkottai District.

... Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to survey and demarcate the boundaries of property of the petitioner in Survey No. 203/1A, Kottayur Village, Thirumayam Taluk, Pudukkottai District as per the provisions of the Tamil Nadu Survey and Boundaries Act, 1923, within the time that may be stipulated by this Court. For Petitioner :Mr. M.Mahaboob Athiff For R1, R2 :Mr.D.S.Nedunchezhian Government Advocate 1/4

ORDER

When the writ petition came up earlier on 12.04.2023, this Court had directed the petitioner to produce a copy of the patta. Accordingly, the copy of patta had been produced. It is seen that Patta No.452 had been issued in the name of wife of the petitioner herein, by the Tahsildhar at Thirumayam Taluk. It is stated by the learned counsel for the petitioner that the wife of the petitioner has died.

2.The writ petition had been filed in the nature of a mandamus, seeking a direction against the respondents to survey and demarcate the boundaries of property of the petitioner in S.No. 203/1A, Kottayur Village, Thirumayam Taluk, Pudukkottai District, in accordance with the provisions of the Tamil Nadu Survey and Boundaries Act, 1923. 3.In the affidavit filed in support of the writ petition, it had been stated that wife of the petitioner, Thondayi, had purchased the land by a registered sale deed in Doc.No.1708/1997 on the file of the jurisdictional Sub Registrar. The patta was issued in her name. Thereafter, the wife of the 2/4

petitioner died and the petitioner had filed an application seeking survey to be done.

4.A direction is issued to the respondents to proceed in accordance with the representation given by the petitioner to conduct survey. The entire exercise should be completed within a period of twelve weeks, from the date of receipt of a copy of this order. 5.With the above directions, this Writ Petition stands disposed of. No costs.

26.04.2023 NCS :Yes/No Index :Yes/No Internet:Yes/No PNM To

1. The Assistant Director of Survey and Land Records, O/o. the AD of Survey, Kalayanpuram, Pudukkottai, Pudukkottai District.

2. The Tahsildar, Thirumayam Taluk, Pudukkottai District.

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C.V.KARTHIKEYAN, J.

PNM ORDER IN W.P(MD).No.8181 of 2023 26.04.2023 4/4