Madras High CourtWP(MD)/10546/2021disposed of

Bagavathiraj.R.K v. The Tahsildar

2021-06-25Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH R.K.Bagavathiraj ... Petitioner Vs.

1.The Tahsildar, Theni Road, Madurai.

2.The Village Administrative Officer, Vilachery Village, Nagamalai Pudukottai, 3.The Taluk Head Surveyor, ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 17.06.2020 and to survey and demarcate the petitioner's property situated in S.No.95/1C1, Patta No.3189, Vilacheri Village, Madurai West Taluk, Madurai District, within a stipulated time may be fixed by this Court.

For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.M.Lingadurai Government Advocate

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the respondents to consider the representation made by the petitioner on 17.06.2020, wherein, the petitioner has sought for the survey and demarcation of the subject property within the time stipulated by this Court.

2. The case of the petitioner is that the subject property was purchased by the petitioner, through a registered document in Document No.1892/1983. The further case of the petitioner is that the patta was also issued in his favour in Patta No.3189. The petitioner submitted an application before the first respondent on 17.06.2020, with the request to survey and demarcate the subject property. According to the petitioner, necessary charges have also 1/3

been paid and a chalan was also issued on 17.06.2020. Since there was no progress, the present Writ Petition has been filed before this Court seeking for appropriate directions.

3. Heard Mr.M.Saravanakumar, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing 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 first and third respondents to consider the representation made by the petitioner on 17.06.2020 and take a decision with regard to the survey and demarcation of the subject property, within a period of four weeks from the date of receipt of a copy of this order. If there are any other interested parties, they shall also be served with notice, before undertaking the survey.

5. The petitioner is directed to make a fresh representation to the first and third 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 (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) vsm 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, Theni Road, Madurai.

2.The Village Administrative Officer, Vilachery Village, Nagamalai Pudukottai, 2/3

3.The Taluk Head Surveyor, +1 CC to M/s.M.SARAVANAKUMAR, Advocate ( SR-20285[F] dated 25/06/2021 ) +1 CC to M/s.SPL GP ( SR-20423[F] dated 28/06/2021 ) 25.06.2021 KB(05.07.2021) 3P 6C 3/3