Madras High CourtWP(MD)/10283/2021disposed of

Siva v. The Special Tahsildar

2021-06-18Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD)No.10283 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 18.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.10283 of 2021 (Through Video Conferencing) Siva ... Petitioner Vs.

1.The Special Tahsildar, Adi Dravidar Welfare (Unit-1) District Collector Office Campus Madurai Madurai 625 020.

2.The Deputy Surveyor, Office of Separate Tahsildar Adi Dravidar Welfare (Unit-1) District Collector Office Campus, Madurai, Madurai District ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents 1 and 2 to survey and mark the boundaries of the petitioner's land with an extent of 2 cents situated in Plot number 115, Survey No.55/15, Kottaimedu, Kallanai revenue village, Vadipatti Taluk, Madurai District within a stipulated time fixed by this Court based on the petitioner's representation dated 17.02.2021.

For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.M.Lingadurai Government Advocate (civil)

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the first respondent to consider the representation made by the petitioner on 17.02.2021, wherein the petitioner has sought for survey of the subject property and to mark the boundaries.

2.The case of the petitioner is that a free house site patta was granted by the first respondent through proceedings dated 03.03.2014. The further case of the petitioner is that the subject property measures an extent of 2 cents. The petitioner wanted a survey to be conducted and to mark the boundaries to ensure that the 2 cents of land is available. The petitioner made a representation in this regard on 04.11.2020. The grievance of the petitioner is that no steps were taken to survey the property and left with no other option, the present writ petition has been filed seeking for appropriate directions.

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W.P.(MD)No.10283 of 2021

3. Heard the learned counsel for the petitioner and the learned Government counsel 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 respondents to consider the representation/application made by the petitioner on 04.11.2020 and take a decision with regard to the survey of the subject property within four weeks from the date of receipt of a copy of this order.

5. The petitioner is directed to make a fresh representation to the respondents along with a copy of all the relevant documents and also a copy of this order.

6.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) RR 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 Special Tahsildar, Adi Dravidar Welfare (Unit-1) District Collector Office Campus Madurai Madurai 625 020.

2.The Deputy Surveyor, Office of Separate Tahsildar Adi Dravidar Welfare (Unit-1) District Collector Office Campus, Madurai, Madurai District +1 CC to M/s.SPL GP ( SR-19745[F] dated 21/06/2021 ) W.P.(MD)No.10283 of 2021 18.06.2021 KM(CO) TR(25.06.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2